Common core document forming part of the reports of States parties
United Kingdom of Great Britain and Northern Ireland *
[Date received: 20 May 2022]
Contents
Page
List of abbreviations6
Introduction8
United Kingdom8
I.General information about the reporting State8
A.Demographic, economic, social and cultural characteristics of the State8
B.Constitutional, political and legal structure of the State27
II.General framework for the protection and promotion of human rights31
A.Acceptance of international human rights norms31
B.Legal framework for the protection of human rights at the national level32
C.Framework within which human rights are promoted at the national level34
D.Reporting process to the United Nations at the national level35
III.Information on non-discrimination and equality and effective remedies35
British Overseas Territories36
Anguilla37
I.General information37
A.Demographic, economic, social and cultural characteristics37
B.Constitutional, political and legal structure41
II.General framework for the protection and promotion of human rights41
A.Acceptance of international human rights norms41
B.Legal framework for the protection of human rights at the national level42
C.Framework within which human rights are promoted at the national level42
III.Information on non-discrimination and equality and effective remedies42
Bermuda42
I.General information42
A.Demographic, economic, social and cultural characteristics42
B.Constitutional, political and legal structure47
II.General framework for the protection and promotion of human rights48
A.Acceptance of international human rights norms48
B.Legal framework for the protection of human rights at the national level48
C.Framework within which human rights are promoted at the national level49
III.Information on non-discrimination and equality and effective remedies49
Cayman Islands49
I.General information49
A.Demographic, economic, social and cultural characteristics49
B.Constitutional, political and legal structure54
II.General framework for the protection and promotion of human rights55
A.Acceptance of international human rights norms55
B.Legal framework for the protection of human rights at the national level56
C.Framework within which human rights are promoted at the national level56
III.Information on non-discrimination and equality and effective remedies56
Falkland Islands56
I.General information56
ADemographic, economic, social and cultural characteristics56
B.Constitutional, political and legal structure63
II.General framework for the protection and promotion of human rights64
A.Acceptance of international human rights norms64
B.Legal framework for the protection of human rights at the national level65
C.Framework within which human rights are promoted at the national level65
III.Information on non-discrimination and equality and effective remedies65
Gibraltar66
I.General information66
A.Demographic, economic, social and cultural characteristics66
B.Constitutional, political and legal structure71
II.General framework for the protection and promotion of human rights72
A.Acceptance of international human rights norms72
B.Legal framework for the protection of human rights at the national level73
C.Framework within which human rights are promoted at the national level73
III.Information on non-discrimination and equality and effective remedies73
Montserrat74
I.General information74
A.Demographic, economic, social and cultural characteristics74
B.Constitutional, political and legal structure80
II.General framework for the protection and promotion of human rights80
A.Acceptance of international human rights norms80
B.Legal framework for the protection of human rights at the national level81
C.Framework within which human rights are promoted at the national level81
III.Information on non-discrimination and equality and effective remedies81
Pitcairn, Henderson, Ducie and Oeno82
I.General information82
A.Demographic, economic, social and cultural characteristics82
B.Constitutional, political and legal structure85
II.General framework for the protection and promotion of human rights86
A.Acceptance of international human rights norms86
B.Legal framework for the protection of human rights at the national level87
C.Framework within which human rights are promoted at the national level87
III.Information on non-discrimination and equality and effective remedies87
St Helena, Ascension, and Tristan da Cunha88
I.General information88
A.Demographic, economic, social and cultural characteristics88
B.Constitutional, political and legal structure93
II.General framework for the protection and promotion of human rights93
A.Acceptance of international human rights norms93
B.Legal framework for the protection of human rights at the national level94
C.Framework within which human rights are promoted at the national level94
III.Information on non-discrimination and equality and effective remedies95
Turks and Caicos Islands95
I.General information95
A.Demographic, economic, social and cultural characteristics95
B.Constitutional, political and legal structure99
II.General framework for the protection and promotion of human rights100
A.Acceptance of international human rights norms100
B.Legal framework for the protection of human rights at the national level101
C.Framework within which human rights are promoted at the national level101
III.Information on non-discrimination and equality and effective remedies101
Virgin Islands (commonly known as the British Virgin Islands)101
I.General information101
A.Demographic, economic, social and cultural characteristics101
B.Constitutional, political and legal structure107
II.General framework for the protection and promotion of human rights108
A.Acceptance of international human rights norms108
B.Legal framework for the protection of human rights at the national level109
C.Framework within which human rights are promoted at the national level109
III.Information on non-discrimination and equality and effective remedies109
Crown Dependencies109
Bailiwick of Guernsey110
I.General information110
A.Demographic, economic, social and cultural characteristics110
B.Constitutional, political and legal structure117
II.General framework for the protection and promotion of human rights119
A.Acceptance of international human rights norms119
B.Legal framework for the protection of human rights at the national level120
C.Framework within which human rights are promoted at the national level120
III.Information on non-discrimination and equality and effective remedies120
Bailiwick of Jersey120
I.General information120
A.Demographic, economic, social and cultural characteristics120
B.Constitutional, political and legal structure126
II.General framework for the protection and promotion of human rights127
A.Acceptance of international human rights norms127
B.Legal framework for the protection of human rights at the national level128
C.Human Rights Institutions128
D.Framework within which human rights are promoted at the national level128
III.Information on non-discrimination and equality and effective remedies129
Isle of Man129
I.General information129
A.Demographic, economic, social and cultural characteristics129
B.Constitutional, political and legal structure137
II.General framework for the protection and promotion of human rights138
A.Acceptance of international human rights norms138
B.Legal framework for the protection of human rights at the national level139
C.Framework within which human rights are promoted at the national level140
III.Information on non-discrimination and equality and effective remedies140
List of abbreviations
BOT = |
British Overseas Territory |
CAT = |
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment |
CD = |
Crown Dependency |
CEDAW = |
Convention on the Elimination of All Forms of Discrimination against Women |
CRC = |
Convention on the Rights of the Child |
CRPD = |
Convention on the Rights of Persons with Disabilities |
ECHR = |
European Convention for the Protection of Human Rights and Fundamental Freedoms |
ECNI = |
Equality Commission for Northern Ireland |
ECSC = |
Eastern Caribbean Supreme Court |
EHRC = |
Equality and Human Rights Commission |
EU = |
European Union |
Geneva 1 = |
Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field |
Geneva 2 = |
Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea |
Geneva 3 = |
Geneva Convention relative to the Treatment of Prisoners of War |
Geneva 4 = |
Geneva Convention relative to the Protection of Civilian Persons in Time of War |
HM = |
Her Majesty’s |
ICCPR = |
International Covenant on Civil and Political Rights |
ICCPR-OP2 = |
Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty |
ICERD = |
International Convention on the Elimination of All Forms of Racial Discrimination |
ICESCR = |
International Covenant on Economic, Social and Cultural Rights |
ILO = |
International Labour Organization |
ISD Scotland = |
Information Services Division Scotland |
JCHR = |
UK Parliament Joint Committee on Human Rights |
JCPC = |
Judicial Committee of the Privy Council |
NGO = |
Non-governmental organisation |
NHRI = |
National Human Rights Institutions (in the UK, they include the: EHRC; SHRC; NIHRC) |
NIHRC = |
Northern Ireland Human Rights Commission |
NISRA = |
Northern Ireland Statistics and Research Agency |
NRS = |
National Records of Scotland |
OFCOM = |
Office of Communications |
ONS = |
Office for National Statistics |
OP-CAT = |
Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment |
OP-CEDAW = |
Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women |
OP-CRC-AC = |
Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict |
OP-CRC-SC = |
Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography |
OP-CRPD = |
Optional Protocol to the Convention on the Rights of Persons with Disabilities |
Protocol 1 = |
Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the protection of victims of international armed conflicts (Protocol I) |
Protocol 2 = |
Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the protection of victims of non-international armed conflicts (Protocol II) |
Protocol 3 = |
Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem(Protocol III) |
SHRC = |
Scottish Human Rights Commission |
UK = |
United Kingdom |
UN = |
United Nations |
UNRG = |
United Nations Reporting Guidelines |
UPR = |
Universal periodic review |
Introduction
1.This Core Document covers the United Kingdom, and also the British Overseas Territories and the Crown Dependencies which are not part of the UK but for which the UK is responsible on international relations and defence. The total word count is below the limit of 42,400 words introduced by the Office of the United Nations High Commissioner for Human Rights on 8 May 2014.
United Kingdom
I.General information about the reporting State
A.Demographic, economic, social and cultural characteristics of the State
2.Listed below are the following four tables: demographic indicators; social, economic and cultural indicators; indicators on the political system; indicators on crime and the administration of justice. The indicators are based on those recommended in Appendix 3 of the UNRG, and cover the four constituent parts of the United Kingdom (UK): England, Wales, Scotland and Northern Ireland.
Demographic indicators |
|
Population size |
67,081,234 England: 56,550,138 Wales: 3,169,586 Scotland: 5,466,000 Northern Ireland: 1,895,510 |
Population growth rate |
0.4 % |
Population density(people per sq km) |
276 England: 434 Wales: 153 Scotland: 70 Northern Ireland: 137 |
Population distribution by mother tongue |
England and Wales: English (English or Welsh if in Wales): 49,808,185 French: 147,099 Portuguese: 133,453 Spanish: 120,222 Other European language (EU): 1,214,776 OtherEuropeanlanguage (non EU): 237,117 Arabic: 159,290 West/Central Asian language: 184,665 South Asian language: 1,296,833 East Asian language: 387,829 African language: 244,057 Other language: 27,925 Scotland (languages used at home): English: 4,741,000 Scots: 56,000 Polish: 54,000 Gaelic: 25,000 British sign language: 13,000 Northern Ireland: English: 1,681,171 Polish: 17,731 Lithuanian: 6,250 Irish (Gaelic): 4,164 Portuguese: 2,293 Slovak: 2,257 Chinese: 2,214 Tagalog/Filipino: 1,895 Latvian: 1,273 Russian: 1,191 Malayalan: 1,174 Hungarian: 1,008 Other languages: 13,090 |
Population distribution by religion |
England and Wales: Christian: 33,243,175 Buddhist: 247,743 Hindu: 816,633 Jewish: 263,346 Muslim: 2,706,066 Sikh: 423,158 Other religion: 240,530 No religion: 14,097,229 Religion not stated: 4,038,032 Scotland: Church of Scotland: 1,718,000 Roman Catholic: 841,000 Other Christian: 291,000 Muslim: 77,000 Hindus: 16,000 Buddhist: 13,000 Sikhs: 9,000 Jewish: 6,000 Other religion: 15,000 No religion: 1,941,000 Religion not stated: 368,000 Northern Ireland: Catholic: 738,033 Protestant and Other Christian: 752,555 Other religions: 14,859 No religion: 183,164 Not stated: 122,252 |
Population distribution by ethnic groups |
England and Wales: English/Welsh/Scottish/Northern Irish/British: 45,134,686 Irish: 531,087 Gypsy or Irish Traveller: 57,680 Other White: 2,485,942 White and Black Caribbean: 426,715 White and Black African: 165,974 White and Asian: 341,727 Other Mixed: 289,984 Indian: 1,412,958 Pakistani: 1,124,511 Bangladeshi: 447,201 Chinese: 393,141 Other Asian: 835,720 African: 989,628 Caribbean: 594,825 Other Black: 280,437 Arab: 230,600 Any other ethnic group: 333,096 Scotland: White Scottish: 4,446,000 White Other British: 417,000 White Irish: 54,000 White Polish: 61,000 White Gypsy/Traveller: 4,000 White Other: 102,000 Mixed or multipled ethnic groups: 20,000 Pakistani: 49,000 Indian: 33,000 Bangladeshi: 4,000 Chinese: 34,000 Asian Other: 21,000 African: 29,000 Caribbean: 3,000 Black: 2,000 Caribbean/Black Other: 1,000 Arab: 9,000 Arab Other: 5,000 Northern Ireland: White: 1,778,449 Irish Traveller: 1,301 Chinese: 6,303 Indian: 6,198 Pakistani: 1,091 Bangladeshi: 540 Other Asian: 4,998 Caribbean: 372 African: 2,345 Black Other: 899 Mixed: 6,014 Other: 2,353 |
Age-composition |
Under 16: 6,526,967 (Males); 6,200,602 (Females) 16-44: 12,395,122 (Males); 12,163,252 (Females) 45–64: 8,501,437 (Males); 8,785,216 (Females). 65 and over: 5,722,183 (Males); 6,786,455 (Females) |
Dependency ratio – Percentage of population under 15 |
27 % |
Dependency ratio – Percentage of population over 64 |
25 % |
Birth rate (per 1,000 population) |
England and Wales: 11.1 Scotland: 9.4 Northern Ireland: 11.1 |
Infant mortality rate – number of deaths of children aged under 1 year per 1,000 live births |
England and Wales: 3.7 Scotland: 3.2 Northern Ireland: 5.9 |
Death rate – per 1,000 population |
|
Males |
9.1 |
Females |
9.0 |
Life expectancy estimates |
|
Men |
England: 79 Wales: 78.5 Scotland: 77.2 Northern Ireland: 78.8 |
Women |
England: 83.4 Wales: 82.3 Scotland: 81.1 Northern Ireland: 82.3 |
Total fertility rate – children per woman |
England and Wales: 1.65 Scotland: 1.37 Northern Ireland: 1.85 |
Average household size |
2.39 |
Proportion of single-parent households |
14.9 87% of single-parent families are headed by women. 13% of single-parent families are headed by men. |
Social, economic and cultural indicators |
|
Share of (household) consumption expenditures on food, housing, health and education |
Transport: 13.9% Recreation & culture: 12.7% Housing, fuel & power: 14.1% Food & non-alcoholic drinks: 10.8% Restaurants & hotels: 9.0% Services: 7.8% Household goods & services: 6.2% Clothing & footwear: 4.0% Communication: 3.6% Alcoholic drinks, tobacco & narcotics: 2.2% Education: 0.8% Health: 1.4% Other expenditure: 13.5% |
Proportion of population below the national poverty line |
17% |
Proportion of population below the minimum level of dietary consumption |
Prevalence of undernourishment: 2.5% of the population in 2018 |
Gini coefficient (relating to distribution of income) |
2018/19: 50.2 (38.5 post tax) |
Prevalence of underweight children under 4‑5 |
England: 0.90% Wales: 0.7% Scotland: 0.5% (data includes Primary 1 children aged 4.5 to 6.25) Northern Ireland: 0.5% |
Infant and maternal mortality rates (per 1,000 live births) |
England and Wales: 3.7 Scotland: 3.7 Northern Ireland: 5.0 |
Percentage of women of child/bearing age using contraception or whose partner is using contraception |
England and Wales: Using at least one method: 75%; Of those not in a heterosexual relationship and not using contraception (25%): 54% had a sterilised partner; 11% were pregnant; 9% were planning pregnancy. Scotland: information not yet available. Northern Ireland: information not yet available. |
Medical termination of pregnancy as proportion of live births |
England and Wales: 0.24 Scotland: 0.24 Northern Ireland: 0.00 (22 terminations of pregnancy recorded in 2019/20) |
Rates of infection of HIV/AIDS and major communicable diseases |
HIV: England: 5.1; Wales: 3.7; Northern Ireland: 2.0; Scotland: 2.6 (incidence per 100,000 population). Tuberculosis: 7.7 (incidence per 100,000 population). Malaria: 2.6 (incidence per 100,000 population). |
Prevalence of major communicable and non-communicable diseases |
Major communicable diseases: see above. Major non-communicable diseases: Cancer: Crude Rate: 568 (incidence per 100,000 population). Coronary heart disease: UK: 3.2%; England: 3.1 %; Wales: 3.6 %; Scotland: 3.9 %; Northern Ireland: 3.7 %. Cardiovascular disease: England – Males: 14.6%; England – Females 12.5% %; Wales – Selected cardiovascular conditions (Atrial fibrillation, Heart failure, CHD, Myocardial infarction, PVD, Stroke & TIA): Males (Age-standardised): 11.6% Females (Age-standardised): 7.3% Scotland – Males: 17% %; Scotland – Females: 14%; Northern Ireland – Selected cardiovascular conditions (Atrial fibrillation, Heart failure, CHD, Myocardial infarction, PVD, Stroke & TIA): Males (Age-standardised): 13.3% Females (Age-standardised): 8.3% Diabetes: England: 5.9 %; Wales: 6.3 %; Scotland: 5.5 %; Northern Ireland: 5.3 %. |
Major causes of death |
England and Wales Males: Ischaemic heart diseases: 13.1%; Dementia and Alzheimer disease: 8.9%; Malignant neoplasm of trachea, bronchus and lung: 6.0%; Chronic lower respiratory diseases: 5.8%; Cerebrovascular diseases: 4.9%; Females: Dementia and Alzheimer disease: 16.1% Ischaemic heart diseases: 7.6%; Cerebrovascular diseases: 6.3%; Chronic lower respiratory diseases: 5.9%; Influenza and pneumonia: 5.3%; Scotland: Uscgaenuc geart dusease: 11.3% Dementia and Alzheimer’s disease: 11.1% Lung cancer: 6.8% Cerebrovascular disease (including stroke): 6.5% Chronic lower respiratory diseases: 5.9% Northern Ireland: information not yet available. |
Net enrolement ratio in primary and secondary education |
Primary: 98% Secondary: 98% |
Attendance and drop-out rates in primary and secondary education |
England: 4.3% (primary); 5.6% (secondary). Wales: 5.4% (primary); 6.2% (secondary). Scotland: 5.5% (primary); 9.3% (secondary). Northern Ireland: 5.1% (primary); 6.7% (post-primary). |
Teacher-student ratio in public funded schools |
England: 18.2 Wales: 19.3 Scotland: 13.6 Northern Ireland: 18.3 |
Literacy rates (adult) |
99.0% |
Unemployment rate |
Nov-Jan 2021: Aged 16-64: 5.1% 65+: 2.4% |
Employment by major sectors of economic activity, including formal and informal sectors |
Public sector: 16.3% Private sector: 83.7% |
Work participation rates |
November 2020 – January 2021: 75.0% |
Proportion of work force registered with trade unions |
2019: 21.0 |
Per capita income |
2020: £29,124 |
Gross Domestic Product (GDP) in millions |
2019: £2,172,511 |
Annual growth rate |
2019: 1.4 |
Gross National Income (GNI) in millions |
2019: £2,203,701 |
Consumer Price Index (CPI) (January 12 month average) |
2021: 0.7% |
Social expenditures (e.g. food, housing, health, education, social protection, etc.) as proportion of total expenditure and GDP |
Estimate for 2014–15 (including: housing/environment, education, social protection, personal social services, industry/agriculture/employment, health): 75.9 % of total expenditure. 36 % of GDP in 2012. |
External and domestic public debt |
General government gross consolidated debt (nominal value): In 2019/20: 84.6% of GDP. |
Proportion of international assistance provided in relation to the State budget by sector and in relation to GNI |
Official Development Assistance (ODA) in 2019 (net): £15,197m. ODA/GNI ratio for 2019: 0.70. Breakdown by region of bilateral UK ODA (in 2019): Africa: £2,989m (29% of bilateral UK ODA); International/Policy Programme: £4,350m (42% of bilateral UK ODA); Asia: £2,470m (24% of bilateral UK ODA); Americas: £244m (2% of bilateral UK ODA); Europe: £189m 21% of bilateral UK ODA); Pacific: £16m (0% of bilateral UK ODA). Breakdown by sector of bilateral UK ODA (in 2019): Health: £1,431m (14% of bilateral UK ODA); Government and civil society: £1,313m (13% of bilateral UK ODA); Multisector/Cross-cutting: £1,325m (13% of bilateral UK ODA); Education: £789m (8% of bilateral UK ODA); Economic infrastructure & services: £1,195m (12% of bilateral UK ODA); Humanitarian aid: £1,536m (15% of bilateral UK ODA); Administrative costs of donors: £759m (7% of bilateral UK ODA); Commodity and General Programme Assistance: £71m (1% of bilateral UK ODA); Other social infrastructure & services: £237m (2% of bilateral UK ODA); Production sectors: £895m (9% of bilateral UK ODA); |
Water supply and sanitation: £176m (2% of bilateral UK ODA); Refugees in donor countries: £477m (5% of bilateral UK ODA); Unallocated/Unspecified: £54m (1% of bilateral UK ODA). |
Indicators on the political system |
|
Number of recognised political parties at the national level |
Great Britain Register: 341 Northern Ireland Register: 28 |
Proportion of the population eligible to vote |
74.3% |
Proportion of non-citizen population registered to vote |
Information not collected. |
Number of complaints about the conduct of elections registered, by type of alleged irregularity |
595 (cases of alleged electoral fraud reported by the police in 2019 ). Types of cases of alleged electoral fraud: Registration: 10 % of cases; Nomination: 12 % of cases; Campaign: 54 % of cases; Voting: 24 % of cases. |
Population coverage and breakdown of ownership of major media channels (electronic, print, audio, etc.) |
Digital TV Proportion of UK homes with digital TV: No longer collected Proportion of homes with a DVR (digital video recorders): No longer collected Minutes spent watching TV per day (person aged 4+): 340 (4 hours) Radio Proportion of radio listerns with a DAB (digital audio broadcasting) radio in their household: 42% Proportion of listener hours through a digital platform (DAB, online, DTV): 66% Minutes spent listening to radio per day (among radio listeners): Not available |
Number of local radio stations broadcasting on analogue (excluding community stations): Not available Number of community radio stations currently on air: 298 Number of national radio stations (analogue and DAB): Not available Internet Total household internet take-up: 94% Number of fixed residential broadband connections: 27.4 million (Q1 2021) Proportion of adults with broadband (fixed and mobile): 75% Proportion of adults with mobile broadband: 5% Superfast broadband take-up (proportion of non-corporate connections): 78% Proportion of homes with a PC or Laptop: 79% Proportion of people who use their mobile to access the internet: 49% Number of mobile broadband subscriptions (dongles/PC datacard): 4.917 m (Dec 2012) Market share (fixed broadband connections): BT (33.45%); Sky (22.48%); Virgin Media (20.35%); TalkTalk (10.13%) Others (13.6%) Fixed and mobile telephony Proportion of households with fixed telephony: 77% Number of fixed landlines in the UK, including ISDN channels: 31.8 million (Q1 2021) Number of mobile subscriptions: 94.7 million (2020) Proportion of adults with a smartphone: 51% Proportion of adults who live in a mobile-only home: 15% Number of prepay mobile subscriptions: 22.2 million (2020) Number of SMS and MMS messages made: 48.7 billion (2020) Market share (fixed line call volumes): BT (38%); Virgin Media (12%); Others (49%) Post Addressed mail volume in 2020: 12.1bn items (of which 8337m Adressed letters, 3791m parcels News consumption (by UK adults) BBC One 62% ITV/ITV WALES/UTV/STV 46% Facebook 36% BBC website/app 31% BBC News Channel 31% Sky News Channel 30% Channel 4 24% Twitter 24% Daily Mail/Mail on Sunday 22% Instagram 19% Google (search engine) 17% BBC Two 16% WhatsApp 16% The Guardian/Observer 16% BBC Radio 2 13% The Sun/Sun on Sunday 12% Sky News website/app 12% Channel 5 12% BBC Radio 1 11% BBC Radio 4 11% |
|
Number of recognised NGOs |
There is no central record for this information. |
Distribution of legislative seats by party |
UK Parliament (650): Conservative (364); Green Party (1); Independent (4); Labour (182); Liberal Democrat (11); Plaid Cymru (3); Scottish Nationalist (47); Alliance (1); Democratic Unionist (8); Sinn Fein (7); Social Democrat and Labour (2); Other (1); Labour and Co-operative (19). Scottish Parliament (129): Conservative (31); Green Party (6); Independent (2); Labour (23); Liberal Democrat (5); Scottish Nationalist (61); Political Affiliation Not Specified (1). National Assembly for Wales (60): Conservative (11); Independent (4); Labour (28); Liberal Democrat (1); Plaid Cymru (10); UKIP (1); Labour and Co-operative (1); Brexit (4). Northern Ireland Assembly (90): Green Party (2); Independent (1); Alliance (8); Democrat & Labour (12); Ulster Unionist (10); Other (2). |
Percentage of women in Parliament |
UK Parliament: 31.9% (House of Commons, 2017); 26.1% (House of Lords, 2017) Scottish Parliament, 2016: 34.9% National Assembly for Wales, 2016: 41.7% Northern Ireland Assembly, 2017: 37% |
Proportions of national and sub-national elections held within the schedule laid out by law |
Until the Fixed-Term Parliaments Act 2011, national elections did not have to be held on specific dates set out by law. This continues to be the case for elections to the Northern Ireland Assembly. |
Average voter turnouts in the national and sub-national elections by administrative unit |
UK Parliament general election in 2019: 67.5 % Scottish Parliament election in May 2021: 63.5 % National Assembly for Wales election in May 2021: 46.8 % Northern Ireland Assembly election in March 2017 : 64.8 % |
Indicators on crime and the administration of justice |
|
Incidence of violent death and life threatening crimes reported per 100,000 persons |
In 2019/20: England and Wales: 1.2 (homicides); 1.7 (attempted murders); Scotland:1.2 (homicides); 6.6 (attempted murder); Northern Ireland: 20 homicides in total and 92 attempted murders. |
Number of persons and rate (per 100,000 persons) who were arrested/brought before a court convicted/sentenced/incarcerated for violent or other serious crimes (such as homicide, robbery, assault and trafficking) |
England and Wales (2019–2020): Violence against the person: 12,783 offenders receiving a custodial sentence (21.4 incidence per 100,000 persons); Sexual offences: 2,791 offenders receiving a custodial sentence (4.7 incidence per 100,000 persons); Burglary: 6,626 offenders receiving a custodial sentence (11.1 incidence per 100,000 persons); Robbery: 2,578 offenders receiving a custodial sentence (4.3 incidence per 100,000 persons). Scotland (2012–2013): Non-sexual crimes of violence (homicide, serious assault and attempted murder, robbery, other violence): 1,034 offenders receiving a custodial sentence (19 incidence per 100,000 persons); Sexual crimes (rape and attempted rape, sexual assault, offences associated with prostitution, other sexual crimes): 468 offenders receiving a custodial sentence (8.6 incidence per 100,000 persons); Housebreaking: 501 offenders receiving a custodial sentence (9.2 incidence per 100,000 persons). |
Northern Ireland (2019): Violence against the person or Robbery: 441 persons convicted (23.3 incidence per 100,000 persons); Sexual offences: 132 persons convicted (7.0 incidence per 100,000 persons). |
|
Number of reported cases of sexually motivated violence (such as rape, female genital mutilation, honour crimes and acid attacks). |
England and Wales: 162,936 in 2019/20 Scotland: 12,452 in 2019/20 Northern Ireland: 3,558 in 2019/20 |
Maximum time of pre-trial detention (remand) |
England and Wales: 56 days (magistrates’ court); 70-182 days (Crown Court). Post covid-19, the maximum time for pre-trial detention has been extended by 56 days from 182 days to 238 days for all triable either-way and indictable only criminal offences awaiting trial on indictment at the Crown Court and from 112 days to 168 days, in the rarer cases, where a voluntary bill of indictment is preferred, or a fresh trial has been ordered by the Court of Appeal. Scotland: Data not available. Northern Ireland: 163.4 days (average) at 30 June 2013 |
Prison population with breakdown by offence and length of sentence |
England and Wales Breakdown by offence (total 66,081): violence against the person (19,437); sexual offences (12,005); robbery (6,843); Theft Offences (7,060); Criminal damage and arson (1,067); Drug Offences (9,990); Possession of weapons (2,383); Public order offences (1,053); Miscellaneous crimes against society (2,248); Fraud Offences (825); Summary Non-Motoring (2,716); Summary Motoring (307); Offence not recorded (147). Breakdown by length of sentence (total 66,100): fine defaulter (19); less than or equal to 6 months (2,034); greater than 6 months to less than 12 months (1,380); 12 months to less than 4 years (11,951); 4 years or more – excluding indeterminate sentences (32,169); indeterminate sentences (8,840); recalls (9,250); Sentence length not recorded (457) Scotland Breakdown by offence (7,0435 total): non-sexual crimes of violence (2,874); sexual offences (1,154); crimes of dishonesty (476); fire-raising, vandalism etc. (111); other crimes (1,206); miscellanous offences (759); motor vehicle offences (76); unkown charge (348); other jurisdiction charge (39). Breakdown by length of sentence (total 5,423): less than 3 months (34); from 3 months to less than 6 months (135); from 6 months to less than 1 year (238); from 12 months to less than 18 months (344); from 18 months to less than 2 years (398); from 2 years to less than 4 years (1,145); from 4 years to 10 years (1,625); 10 years or over – excluding life (342); life sentences (993); missing (169). Northern Ireland – average daily NI Population in 2019/20 Breakdown by offence (1,018 total): Violence against the Person (348); Sexual Offences (112); Misc. Sexual (3); Robbery (92); Theft (39); Burglary (69); Criminal Damage (42); Drug Offences (94); Possession of Weapons Offences (14); Public Order Offences (154); Fraud (7); Motoring Offences (14); Other Offfences (30); Missing (1). Breakdown by length of sentence (total 1,018): less than 3 months (22); 3–6 months (70); 6‑12 months (105); 1–5 years (384),5 years-life (270), life (165); other (3). |
Incidence of death in custody |
England and Wales: 318 deaths (4.0 per 1,000 prisoners) Scotland: In 2020, 34 Northern Ireland: In 2019-2020, 2 |
Number of persons executed under the death penalty per year |
0 |
Average backlog of cases per judge at different levels of the judicial system |
Outstanding caseloads in Courts and Tribunals in England and Wales (2020): Magistrate: 385,613 Crown: 56,827 Tribunals: 594,802 Family (public and private law): 65,253 Due to the nature of Civil claims (many are resolved without the need for a court hearing), we do not measure the cases backlog. Supreme Court: 46 current cases. Information on courts in Scotland and Northern Ireland is not available. |
Number of police/security personnel per 100,000 persons |
The incidence of police officers per 100,000 persons is as follows: England and Wales: 223; Scotland: 315; Northern Ireland: 369. |
Number of prosecutors and judges per 100,000 population |
England and Wales: 1.93 judges (estimate); 5.16 prosecutors (estimate). Scotland: 4.25 judges and 12.66 prosecutors. Northern Ireland: 12.7 judges; 7.8 prosecutors. |
Share of public expenditure on police/security and judiciary |
UK public order and safety spend across England and Wales: 3.9% in 2021/22. This is an atypical year as spending on health and social protection has increased dramatically. Of the Total Scottish Government Funding for 2020-21 (£40.477 bil), SG budget £36.3 million on the judiciary, £1.24 billion for Scottish Police Authority and £57 million for Police Central Government. In total, this comes to around 3.3% of the budget. As in the 2020-21 Budget for Northern Ireland, £12,196.9 mil is the total departmental allocations. £1,111.2 mil is reserved for Justice, and £34.7 mil for the Public Prosecution Service. This comes to a total of around 9.4% of the total departmental allocations. |
Of the accused and detained persons who apply for free legal aid, the proportion of those who receive it |
Criminal legal aid England and Wales: 95% (Magistrates’ court); 99.9% (Crown Court). Scotland: 100% of detained persons and 93% of accursed persons receieved free legal aid in 2019–20. Northern Ireland: information not yet available. |
Proportion of victims compensated after adjudication, by type of crime |
England, Scotland, Wales: 57.47%. Northern Ireland: 44.7% (01/04/20-29/03-21) Breakdown by type of crime not available. |
B.Constitutional, political and legal structure of the State
3.The UK is a constitutional monarchy. The UK constitution is, however, unwritten, in the sense that it is not in the form of a single document but derives from various sources, such as: legislation; judicial decisions; Royal Prerogative (residual prerogative powers of the Sovereign); law and custom of the UK Parliament; authoritative works; the ECHR (through the Human Rights Act 1998); and constitutional conventions.
4.Two of the main constitutional principles underpinning the UK constitution are: parliamentary supremacy (traditionally defined as: the UK Parliament’s power to legislate (or to amend or repeal any legislation) as it pleases, and the principle that an Act of Parliament cannot be overriden by other bodies); and the rule of law (recently expressed as follows: “persons and authorities within the state, whether public or private, should be bound by and entitled to the benefit of laws publicly and prospectively promulgated and publicly administered in the courts”).
UK Parliament
5.The UK Parliament consists of: the House of Lords; and the House of Commons. Draft legislation (Bills) must be approved by both Houses (with very limited exceptions set out below), and then receive Royal Assent from the Sovereign, before becoming an Act of Parliament.
6.The House of Lords is composed of 780 peers: 666 life peers; 88 excepted heriditary peers; and 26 bishops. Peers are appointed by the Queen on the advice of the Prime Minister or the House of Lords Appointments Commission. Under the Parliament Acts 1911 and 1949 certain Bills may become law without the consent of the Lords. The 1911 Act imposed restrictions on the Lords’ right to delay Bills dealing exclusively with expenditure or taxation and limited their power to reject other legislation; and under the 1949 Act the Lords were limited to delaying Bills for one year. These limitations to the powers of the House of Lords are based on the principle that the primary legislative function of the modern House of Lords is revision, and that its purpose is to complement the House of Commons, not to rival it.
7.The House of Commons is composed of 650 Members of Parliament (MPs) elected by universal suffrage, under the “first past the post” system: in each constituency, the candidate that receives the highest number of votes is elected. Under the Fixed-term Parliaments Act 2011, the next general election will take place on 2nd May 2024, general elections will then be held on the first Thursday in May every five years (the Prime Minister cannot delay the polling day by more than two months). General elections can however take place other than at five year intervals if: a motion of no confidence in the Government is passed by a simple majority and 14 days elapse without the Commons passing a confidence motion in any new Government formed; or a motion for a general election is agreed by two thirds of the total number of seats in the Commons including vacant seats.
8.The Sovereign, the Head of State, exercises her powers in connection with Parliament subject to limitation and change by legislative process and always through, and on the advice of, ministers responsible to Parliament. Parliament is summoned by royal proclamation, and is prorogued (discontinued until the next session) and dissolved by the Sovereign. At the beginning of each new session the Sovereign formally opens Parliament. The Sovereign’s assent is required before any legislation can take effect: Royal Assent to Bills is now usually declared to Parliament by the Speakers of the two Houses. The Sovereign has the right to be consulted, the right to encourage and the right to warn, but the right to veto legislation has long since fallen into disuse.
UK Government
9.The leader of the party which wins the most seats (but not necessarily the most votes) at a general election, or which has the support of a majority in the House of Commons, is, by constitutional convention, invited by the Sovereign to form a government and is appointed Prime Minister. On occasions, when no party succeeds in winning an overall majority of seats, a coalition or minority government may be formed. The Prime Minister chooses a team of Ministers whom he or she recommends to the Sovereign for appointment as Ministers of the Crown. Together they form HM Government.
10.The party with the next largest number of seats is officially recognised as HM Opposition (or “the Official Opposition”), with its own leader and its own “shadow cabinet”, whose members act as spokespersons on the subjects for which government ministers have responsibility. Members of any other parties and any independent MPs who have been elected support or oppose the Government according to their own party policies or their own views.
11.The Government has a major role in determining the business of the two Houses of Parliament: it initiates most legislation; and explains and defends its position in public debates within Parliament. Parliamentary control of the Government is ultimately exercised by the power of the House of Commons to force the Government to resign: by passing a resolution of “no confidence”; or by rejecting a proposal which the Government considers so vital to its policy that it has made it a matter of confidence; or by refusing to approve the budget. The executive, including the Government, is also held to account by the courts through the process of judicial review (whereby higher courts can review the decisions of public bodies to determine whether they acted illegally, irrationally or in a procedurally improper way).
Devolution
12.Following the passing of the Acts in 1998, by 1999, devolved government was introduced in Wales, Scotland and Northern Ireland. The UK Parliament retains the right to legislate on all matters but, under the Sewel Convention, the UK Government will not normally invite the UK Parliament to legislate with regard to devolved matters, except with agreement of the relevant devolved legislature. The UK Parliament has however retained direct control of some issues including: foreign affairs; defence and national security; most macro-economic and fiscal matters.
13.Following the Scotland Act 1998, the Scotland Act 2012 and the Scotland Act 2016, the Scottish Parliament was established with 129, at present, members elected under the additional member system. The First Minister heads the Scottish Government. The Scottish Parliament and Government have responsibility for most aspects of domestic, economic and social policy. Matters which are “reserved” to the UK Parliament and as such, the responsibility of the UK Government, are listed in the Scotland Acts. All matters not listed are considered to be devolved.
14.Following the Government of Wales Act 1998, the National Assembly for Wales was established with 60 members, elected under the additional member system. The Government of Wales Act 2006 formally separated the National Assembly as a legislature and the Welsh Assembly Government as an executive, which became the Welsh Government. The Assembly acquired full law-making powers in 2011 following a referendum. The Wales Act 2014 conferred some tax-raising powers on the Assembly, and the Wales Act 2017 adjusted the devolution settlement again, including by conferring some income tax powers. The Senedd and Elections (Wales) Act 2020 renamed the Assembly “Senedd Cymru” or the “Welsh Parliament”, commonly known as “the Senedd”. That Act also enfranchised 16 and 17 year olds and qualifying foreign citizens. The Senedd has powers to pass laws in areas not reserved in the 2006 Act. The UK Parliament remains responsible for legislating in areas which are reserved.
15.The Belfast Agreement of 10 April 1998 opened the way for the devolution of power to Northern Ireland through the Northern Ireland Act 1998. An Assembly of 90 members, elected under single transferable vote, with a range of legislative and executive powers was established. The Northern Ireland Executive currently comprises a First Minister and deputy First Minister, and 8 Departmental Ministers. Transferred matters in Northern Ireland include agriculture, education, housing, employment, health, policing and justice matters.
Judiciary and the administration of justice
16.There are three jurisdictions within the UK: England and Wales; Scotland; and Northern Ireland. England and Wales, and Northern Ireland are common law systems, that is, systems based on the doctrine of judicial precedent whereby courts are placed in a hierarchy and judgments of the higher courts (UK Supreme Court, Court of Appeal and High Court) are binding on the lower courts, and gradually evolve the body of law. Scotland is a mixed system of common law and civil law (the latter is the system based on codified legislation).
17.The UK Supreme Court, whose Justices are selected by an independent commission with representatives of the three jurisdictions, is the final court of appeal for civil cases across the UK, for criminal cases in England and Wales and in Northern Ireland, and for devolution cases. The High Court of Justiciary is the final court of appeal for criminal cases in Scotland.
18.In England and Wales, the criminal courts (Magistrates’ courts, Crown Court, High Court and Court of Appeal (Criminal Division)) and the civil courts (Magistrates’ courts, County Courts, High Court, Court of Appeal (Civil Division), and tribunals) are administered by HM Courts and Tribunals Service. The devolved Welsh Tribunals are administered by the Welsh Tribunals Unit, a branch of the Welsh Government, and are led by the President of Welsh Tribunals. The head of the judiciary in England and Wales is the Lord Chief Justice of England and Wales. The Judicial Appointments Commission recommends candidates for judicial office in courts and tribunals. The Judicial Conduct Investigations Office deals with judicial disciplinary issues within England and Wales.
19.In Scotland, the criminal courts (Justice of the Peace courts, Sheriff Courts, and the High Court of Justiciary) and the civil courts (Sheriff Courts, and the Court of Session) are administered by the Scottish Tribunals Service. The head of the judiciary in Scotland is the Lord President. The Judicial Appointments Board for Scotland recommends candidates for judicial office in most courts. The Judicial Office for Scotland deals with judicial disciplinary issues within Scotland.
20.In Northern Ireland, the criminal courts (Magistrates’ courts, Crown Court, High Court and Court of Appeal) and the civil courts (Magistrates’ courts, County Courts, High Court, Court of Appeal, and tribunals) are administered by the Northern Ireland Courts and Tribunals Service. The head of the judiciary in Northern Ireland is the Lord Chief Justice of Northern Ireland. The Northern Ireland Judicial Appointments Commission recommends candidates for judicial office in courts and tribunals. The Lord Chief Justice of Northern Ireland’s office deals with judicial disciplinary issues within Northern Ireland.
Non-governmental organisations
21.The UK ratifed the Council of Europe European Convention on the Recognition of the Legal Personality of International Non-Governmental Organisations.
22.Various NGOs operate within the UK. For tax purposes, NGOs mainly take the form of charities. There is no unified system under which charities are governed in the UK. Registers are however kept by: the Charity Commission (for England and Wales); the Office of the Scottish Charity Regulator (for Scotland); and the Charity Commission for Northern Ireland (for Northern Ireland). Being defined as a charity may result in a number of tax reliefs and exemptions but charities have to pay tax on some income, as set out by HM Revenue & Customs.
II.General framework for the protection and promotion of human rights
A.Acceptance of international human rights norms
23.The UK is committed to the continued success of the UPR process, implemented by the UN Human Rights Council, as a means to share best practice on human rights around the world and for promoting continual improvement of human rights on the ground. The UK has so far been reviewed three times (in 2008, 2012 and 2017).
24.The UK has accepted a number of international instruments related, directly or indirectly, to human rights. The lists of instruments below are based on the instruments listed in Appendix 2 of the UNRG. The UK regularly reviews its reservations and declarations on these instruments (where they have been entered) to ensure that they continue to remain relevant.
25.The UK implements its international human rights obligations through appropriate legislation and administrative measures. International instruments do not, however, apply directly in UK law. At present, in the human rights context, the Human Rights Act 1998 gives further effect in UK law to the rights in the ECHR, and makes most of the ECHR rights directly enforceable in UK courts.
Main United Nations international human rights conventions and protocols
26.The UK has ratified the following UN human rights instruments: ICERD; ICCPR; ICCPR-OP2; ICESCR; CEDAW; OP-CEDAW; CAT; OP-CAT; CRC; OP-CRC-AC; OP‑CRC-SC; CRPD; OP-CRPD.
Other United Nations human rights and related conventions
27.The UK is also a party to the following instruments: Convention on the Prevention and Punishment of the Crime of Genocide; Slavery Convention (as amended in 1953); Convention relating to the Status of Refugees (and its 1967 Protocol); Convention relating to the Status of Stateless Persons; Convention on the Reduction of Statelessness; Rome Statute of the International Criminal Court; United Nations Convention against Transnational Organized Crime, the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime.
Conventions of the International Labour Organization
28.The UK ratified, amongst others, the following ILO conventions: C029 – Forced Labour Convention; P029 Forced Labour Protocol; C081 – Labour Inspection Convention; C087 – Freedom of Association and Protection of the Right to Organise Convention; C097 – Migration for Employment Convention (Revised); C098 – Right to Organise and Collective Bargaining Convention; C100 – Equal Remuneration Convention; C102 – Social Security (Minimum Standards) Convention; C105 – Abolition of Forced Labour Convention; C111 – Discrimination (Employment and Occupation) Convention; C122 – Employment Policy Convention; C138 – Minimum Age Convention; C151 – Labour Relations (Public Service) Convention; C182 – Worst Forms of Child Labour Convention.
Conventions of the United Nations Educational, Scientific and Cultural Organization
29.The UK is a party to the Convention against Discrimination in Education and the Convention on the Protection and Promotion of the Diversity of Cultural Expressions.
Conventions of the Hague Conference on Private International Law
30.The UK is a party to the following instruments: Convention on the Recognition of Divorces and Legal Separations; Convention on the Recognition and Enforcement of Decisions relating to Maintenance Obligations; Convention on the Civil Aspects of International Child Abduction; Convention on Protection of Children and Co-operation in respect of Intercountry Adoption; Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children; Convention on the International Protection of Adults.
Geneva Conventions and other treaties on international humanitarian law
31.The UK is a party to the following instruments: Geneva 1; Geneva 2: Geneva 3; Geneva 4; Protocol 1; Protocol 2; Protocol 3; Hague Convention (and Protocols) for the Protection of Cultural Property in the Event of Armed Conflict; Biological Weapons Conventions; Convention on Certain Conventional Weapons (CCW); Protocol 1 to CCW; Protocol 2 to CCW; Protocol 3 to CCW; Protocol 4 to CCW; Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction; Anti-Personnel Landmines Convention; Rome Statute of the International Criminal Court; Convention on Cluster Munitions; Arms Trade Treaty.
Regional human rights instruments
32.As a member of the Council of Europe, the UK ratified, amongst others, the following instruments: ECHR; European Social Charter (1961); European Code of Social Security; European Convention on the Recognition of the Legal Personality of International Non-Governmental Organisations; European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment; Framework Convention for the Protection of National Minorities; European Charter for Regional or Minority Languages; Council of Europe Convention on Action Against Trafficking in Human Beings; Council of Europe Convention on Protection of Children against Sexual Exploitation and Sexual Abuse.
33.The UK is also a member of the Organization for Security and Co-operation in Europe (OSCE) which includes, within its remit, human rights monitoring of the participating States.
B.Legal framework for the protection of human rights at the national level
34.Various rights have long been recognised and protected in legislation or common law, for example: punishment only by the law or following judgment by one’s peers (Magna Carta 1297, in England and Wales); right to challenge unlawful detention (Habeas Corpus Act 1679, in England and Wales; and Claim of Right Act 1689, and Criminal Procedure Act 1701, in Scotland); right to private property and its defence against trespass (Entick v. Carrington & Ors [1765] EWHC KB J98, in England and Wales).
35.The Human Rights Act 1998, which extends to the whole of the UK, makes most of the rights contained in the ECHR directly enforceable in UK courts. In addition, the Act: requires all legislation to be interpreted and given effect as far as possible compatibly with the ECHR rights (and also requires the Government Minister introducing a Bill to Parliament to make a statement on the Bill’s compatibility with the ECHR rights); makes it unlawful for a public authority to act incompatibly with the ECHR rights; and requires UK courts and tribunals to take account of the jurisprudence of the Council of Europe European Court of Human Rights when considering a question concerning ECHR rights. Under the Scotland Act 1998, Northern Ireland Act 1998 and the Government of Wales Act 2006, the devolved administrations cannot act or legislate in breach of the ECHR.
36.There is additional legislation protecting specific rights or classes of rights, for example: the Equality Act 2006 and the Equality Act 2010 (in England, Wales and Scotland) strengthen anti-discrimination measures (see also section 3 “Information on non-discrimination and equality and effective remedies”, below); and the Data Protection Act 1998 (for the whole of the UK), the Freedom of Information Act 2000 (in England, Wales and Northern Ireland) and the Freedom of Information (Scotland) Act 2002 (in Scotland) strengthen information rights.
37.There are mechanisms for the provision of legal aid, facilitating access to the justice system, in: England and Wales, through the Legal Aid Agency; Scotland, through the Scottish Legal Aid Board; and Northern Ireland, through the Northern Ireland Legal Services Commission. Legal aid can consist of: legal help (advice on rights and paperwork); help at court; family mediation; or legal representation. The process for assessing if an individual qualifies for civil legal aid (in civil cases) and criminal legal aid (in criminal cases) is different. In civil legal aid, a person’s income and capital must be within specified limits (means test) and their case needs to have a reasonable chance of winning (merits test). In criminal legal aid, financial means are also considered but in a different way; in addition, the more serious the charge – and possible consequences – the likelier that the person will qualify for criminal legal aid (interests of justice test).
38.Ultimately, people or organisations that consider that their ECHR rights have been breached by the UK can apply to the Council of Europe European Court of Human Rights, providing: they have exhausted all domestic remedies in the UK; they apply within six months of the date on which the final decision was taken; they have sufferred a significant disadvantage; and their application is not manifestly ill-founded.
39.The JCHR monitors, amongst other roles, the executive’s compliance with human rights by undertaking inquiries on human rights issues and reporting its findings and recommendations to the UK Parliament. The Scottish Parliament and Northern Ireland Executive have established Equality and Human Rights Committees whom scrutinise devolved activity in their relevant locations. The NHRIs and the ECNI also monitor the executive’s compliance with human rights at UK and devolved level. Various mechanisms have been established to monitor specific rights, for example: on children rights, the Children’s Commissioners in England, Wales, Scotland and Northern Ireland; on information rights, the Information Commissioner and the Scottish Information Commissioner .
C.Framework within which human rights are promoted at the national level
40.As indicated above, the JCHR, the NHRIs, and the ECNI together with a large number of NGOs, play a major role in promoting human rights across the UK. In particular: the EHRC has a statutory duty under s.9 Equality Act 2006 to promote awareness, understanding and protection of human rights; the SHRC has a similar statutory duty under s.2 Scottish Human Rights Commission Act 2006, as does the NIHRC, under s.69 Northern Ireland Act 1998.
41.The UK Government funds the Equality Advisory and Support Service, which provides a website and helpline for advice on human rights and equality issues across England, Scotland and Wales. NHRI also provide guidance in England, Scotland, Wales and Northern Ireland. Guidance on how to access various rights is available on the UK Government’s website, and through advice centres such as Citizens Advice and Law Centres. The national curriculum for students in England also includes awareness of human rights and international law. Awareness raising activities of specific categories of human rights, for example children’s rights and the rights of people with disabilities, will be highlighted in the relevant treaty-specific periodic reports.
42.With regard to the legal profession, human rights education and training for lawyers is available in the three jurisdictions within the UK. Guidance (produced by the judiciary itself) for judicial office holders is also available in the form of the “Equal Treatment Bench Book”, which contains specific anti-discrimination (and related human rights legislation and international instruments) guidance for judicial office holders in England and Wales, Scotland, and Northern Ireland.
43.The list of the international instruments, including on human rights, ratified by the UK is publicly available on the UK Government’s website.
44.Human rights promotion is complemented at devolved level through, for example: Wales’ Rights of Children and Young Persons (Wales) Measure 2011, introducing a duty for Welsh Ministers to have due regard to the CRC, OP-CRC-AC and OP-CRC-SC; and Scotland’s Children and Young People (Scotland) Act 2014, which places duties on Scottish Ministers to consider and report on actions to secure better or further effect of the CRC. The UK’s work on the promotion of human rights overseas is set out, and regularly updated, on the UK Government’s website and in an Annual Human Rights Report.It focuses on: democracy and the rule of law; supporting civil society; media freedom; gender equality, including girls education; LGBT rights; freedom of religion or belief; post-holocast issues; modern slavery; preventing torture; abolishing the death penalty; and the business and human rights agenda (which includes the UK’s own National Action Plan on Business and Human Rights).
D.Reporting process to the United Nations at the national level
45.The UK’s reporting obligations (and the follow up to recommendations) under the various UN instruments are co-ordinated by different government departments which in turn liaise with the Devolved Administrations. The co-ordinating department also liaises with with the BOTs (largely through the Foreign, Commonwealth, and Development Office) and the CDs, where an instrument has been extended to them. Consultation with external stakeholders is led by the co-ordinating department and involves direct engagements with interested organisations as well as stakeholder events.
46.The table below lists the departments leading on each instrument (where available, the website has also been included; it should however be noted that all UK Government websites are being consolidated into the main UK Government’s portal (gov.uk), therefore the web links and their content may change in the near future).
UN instrument |
Lead department |
UPR |
Ministry of Justice |
Core Document |
Ministry of Justice |
ICERD |
Department for Levelling Up, Housing and Communities |
ICCPRICCPR-OP2 |
Ministry of Justice |
ICESCR |
Ministry of Justice |
CEDAWOP-CEDAW |
Government Equalities Office |
CATOP-CAT |
Ministry of Justice |
CRCOP-CRC-ACOP-CRC-SC |
Department for Education |
CRPDOP-CRPD |
Cabinet Office |
III.Information on non-discrimination and equality and effective remedies
47.The Human Rights Act 1998, the Equality Act 2006 and the Equality Act 2010 interact to protect people’s human rights and combat discrimination.
48.In particular, Article 14 ECHR, which is directly enforceable in UK courts through the Human Rights Act 1998, prohibits discrimination on any ground in respect of people’s enjoyment of their rights under the ECHR.
49.In addition, the Equality Act 2010 consolidates anti-discrimination legislation and prohibits direct and indirect discrimination, harassment, victimisation and other specified conduct, with certain exceptions permitted as lawful where appropriate. It protects people from discrimination under nine “protected characteristics”: age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion or belief; sex; sexual orientation.
50.The Equality Act 2010 also introduced, amongst other anti-discrimination provisions, a “public sector equality duty” in England, Wales and Scotland, requiring public bodies to have due regard to the need to: eliminate discrimination, harassment, victimisation and any other conduct prohibited by the Act; advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; and foster good relations between persons who share a relevant protected characteristic and persons who do not share it. Specific duties were introduced in Wales and Scotland respectively through The Equality Act 2010 (Statutory Duties) (Wales) Regulations 2011 and The Equality Act 2012 (Specific Duties) (Scotland) Regulations 2012. The Scottish Specific Duty regulations have been amended twice – in 2015 and again in 2016.
51.In Northern Ireland, the Northern Ireland Act 1998 contains a statutory duty on public authorities in Northern Ireland to promote equality of opportunity between: persons of different religious belief; political opinion; racial group; age; marital status or sexual orientation; men and women generally; persons with a disability and persons without; and persons with dependants and persons without.
52.Additional legislation at UK and devolved level complements the above legal framework to combat discrimination, including the: Gender Recognition Act 2004 (legally recognising transsexual people in their acquired gender); Civil Partnerhip Act 2004 (legally recognising the relationship between two people of the same sex); Marriage (Same Sex Couples) Act 2013; Marriage and Civil Partnership (Scotland) Act 2014 (legalising the marriage of same sex couples respectively in England and Wales, and in Scotland); the Gender Representation on Public Boards (Socotland) Act 2018 (making provision for women’s representation on public boards in Scotland), and the Civil Partnership (Scotland) Act 2020 (legalising civil partnership between different sex couples in Scotland); regulations under the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019 (extending civil partnerships to opposite-sex couples); and regulations under the Northern Ireland (Executive Formation) Act 2019 (legally recognising same-sex marriage and opposite-sex civil partnerships in Northern Ireland).
53.The NHRIs and the ECNI also have a major monitoring role on non-discrimination and equality issues. Additionally, both the JCHR and NGOs hold the executive to account on these and wider human rights issues.
British Overseas Territories
54.There are fourteen British Overseas Territories (BOTs): Anguilla; Bermuda; British Antarctic Territory; British Indian Ocean Territory; Cayman Islands; Falkland Islands; Gibraltar; Montserrat; Pitcairn, Henderson, Ducie and Oeno; St Helena, Ascension, and Tristan da Cunha; South Georgia and South Sandwich Islands; Sovereign Base Areas of Akrotiri and Dhekelia on Cyprus; Turks and Caicos Islands; Virgin Islands (commonly known as the British Virgin Islands).
55.The British Antarctic Territory, the British Indian Ocean Territory, South Georgia and South Sandwich Islands, and the Sovereign Base Areas of Akrotiri and Dhekelia on Cyprus do not have a permanent local population. The Core Document will therefore only focus on the other BOTs (an increasing amount of information on these Territories is available on the internet).
Anguilla
I.General information
A.Demographic, economic, social and cultural characteristics
Demographic indicators |
|
Population size |
16,318 (estimate in 2010) |
Population growth rate |
Information not yet available |
Population density (people per sq km) |
Information not yet available |
Population distribution by mother tongue |
Information not yet available |
Population distribution by religion |
Information not yet available |
Population distribution by ethnic groups |
In 2001: African/Black: 90.1% Amerindian/Carib: 0.2% East Indian: 0.8% Caucasian/White: 3.7% Chinese/Oriental: 0.2% Mixed: 4.6% Other: 0.3% |
Age-composition |
In 2001: 0–14: 74.8% Anguillan; 25.2% Non‑Anguillan 15–44: 69.6% Anguillan; 30.4% Non‑Anguillan 45–74: 74.5% Anguillan; 25.5% Non‑Anguillan 75+: 87.6% Anguillan; 12.6% Non‑Anguillan |
Dependency ratio – Percentage of population under 15 |
Information not yet available |
Dependency ratio – Percentage of population over 65 |
Information not yet available |
Birth rate (per 1,000 population) |
Information not yet available |
Infant mortality rate – number of deaths of children aged under 1 year per 1,000 live births |
Information not yet available |
Death rate – per 1,000 population |
Information not yet available |
Males |
Information not yet available |
Females |
Information not yet available |
Life expectancy – years at birth |
Information not yet available |
Men |
Information not yet available |
Women |
Information not yet available |
Total fertility rate – children per woman |
Information not yet available. |
Average household size |
Information not yet available |
Proportion of single-parent households |
Information not yet available |
Social, economic and cultural indicators |
|
Share of (household) consumption expenditures on food, housing, health and education |
Information not yet available |
Proportion of population below the national poverty line |
Information not yet available |
Proportion of population below the minimum level of dietary consumption |
Information not yet available |
Gini coefficient (relating to distribution of income) |
Information not yet available |
Prevalence of underweight children under 4‑5 |
Information not yet available |
Infant and maternal mortality rates (per 1,000 live births) |
Information not yet available |
Percentage of women of child/bearing age using contraception or whose partner is using contraception |
Information not yet available |
Medical termination of pregnancy as proportion of live births |
Information not yet available |
Rates of infection of HIV/AIDS and major communicable diseases |
Information not yet available |
Prevalence of major communicable and non-communicable diseases |
Information not yet available |
Ten major causes of death |
Information not yet available |
Net enrolement ratio in primary and secondary education |
Information not yet available |
Attendance and drop-out rates in primary and secondary education |
Information not yet available |
Teacher-student ratio in public funded schools |
Information not yet available |
Literacy rates (adult) |
Information not yet available |
Unemployment rate |
Information not yet available |
Employment by major sectors of economic activity, including formal and informal sectors |
Information not yet available |
Work participation rates |
Information not yet available |
Proportion of work force registered with trade unions |
Information not yet available |
Per capita income |
Information not yet available |
Gross Domestic Product (GDP) |
US$297.27 millions (2009)US$18,623 (2009) – GDP per head |
Annual growth rate |
Information not yet available |
Gross National Income (GNI) |
EC$ 595.22 millions (2009) |
Consumer Price Index (CPI) (July–July 12 month average) |
Information not yet available |
Social expenditures (e.g. food, housing, health, education, social protection, etc.) as proportion of total expenditure and GDP |
Information not yet available |
External and domestic public debt |
Information not yet available |
Proportion of international assistance provided in relation to the State budget by sector and in relation to GNI |
Information not yet available |
Indicators on the political system |
|
Number of recognised political parties at the national level |
Information not yet available |
Proportion of the population eligible to vote |
Information not yet available |
Proportion of non-citizen population registered to vote |
Information not yet available |
Number of complaints about the conduct of elections registered, by type of alleged irregularity |
Information not yet available |
Population coverage and breakdown of ownership of major media channels (electronic, print, audio, etc.) |
Information not yet available |
Number of recognised NGOs |
Information not yet available |
Distribution of legislative seats by party |
Information not yet available |
Percentage of women in Parliament |
Information not yet available |
Proportions of national and sub-national elections held within the schedule laid out by law |
Information not yet available |
Average voter turnouts in the national and sub-national elections by administrative unit |
Information not yet available |
Indicators on crime and the administration of justice |
|
Incidence of violent death and life threatening crimes reported per 100,000 persons |
Information not yet available |
Number of persons and rate (per 100,000 persons) who were arrested/brought before a court convicted/sentenced/incarcerated for violent or other serious crimes (such as homicide, robbery, assault and trafficking) |
Information not yet available |
Number of reported cases of sexually motivated violence (such as rape, female genital mutilation, honour crimes and acid attacks). |
Information not yet available |
Maximum time of pre-trial detention (remand) |
Information not yet available |
Prison population with breakdown by offence and length of sentence |
Information not yet available |
Incidence of death in custody |
Information not yet available |
Number of persons executed under the death penalty per year |
Information not yet available |
Average backlog of cases per judge at different levels of the judicial system |
Information not yet available |
Number of police/security personnel per 100,000 persons |
Information not yet available |
Number of prosecutors and judges per 100,000 |
Information not yet available |
Share of public expenditure on police/security and judiciary |
Information not yet available |
Of the accused and detained persons who apply for free legal aid, the proportion of those who receive it |
Information not yet available |
Proportion of victims compensated after adjudication, by type of crime |
Information not yet available |
B.Constitutional, political and legal structure
House of Assembly
56.The House of Assembly has 12 members. Elections are held every five years and last took place in February 2010.
Anguilla Government
57.Government is exercised through HM The Governor, appointed by the Sovereign, and an Executive Council which has the general control and direction of government. The Governor has reserved powers in respect of legislation, and is responsible for external affairs, offshore finance, defence and internal security (including the police force) and aspects of the public service. The Executive Council consists of the Chief Minister, not more than three other Ministers and the Attorney General and Deputy Governor.
Judiciary and the administration of justice
58.The judiciary consists of the ECSC (Eastern Caribbean Supreme Court), comprising the Court of Appeal and the High Court, and the Magistrates’ Court. Final appeals are heard at the JCPC in London.
II.General framework for the protection and promotion of human rights
A.Acceptance of international human rights norms
59.The following main international instruments have been extended to Anguilla.
Main United Nations international human rights conventions and protocols
•ICERD; CAT; CRC.
Other United Nations human rights and related conventions
•Rome Statute of the International Criminal Court.
Conventions of the International Labour Organization
•C081 – Labour Inspection Convention; C087 – Freedom of Association and Protection of the Right to Organise Convention; C098 – Right to Organise and Collective Bargaining Convention; C102 – Social Security (Minimum Standards) Convention.
Conventions of the Hague Conference on Private International Law
•Convention on the Civil Aspects of International Child Abduction.
Geneva Conventions and other treaties on international humanitarian law
•Geneva 1; Geneva 2: Geneva 3; Geneva 4; Protocol 1; Protocol 2; Protocol 3; Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction.
Regional human rights instruments
•ECHR.
B.Legal framework for the protection of human rights at the national level
60.Chapter I (“Protection of Fundamental Rights and Freedoms”) of the Schedule to The Anguilla Constitution Order 1982 (as amended in 1990) contains specific provisions to protect human rights, and to combat discrimination.
C.Framework within which human rights are promoted at the national level
61.Information not yet available.
III.Information on non-discrimination and equality and effective remedies
62.See above section B.
Bermuda
I.General information
A.Demographic, economic, social and cultural characteristics
Demographic indicators |
|
Population size |
64,237 (2010) |
Population growth rate |
0.34% (2000–2010) |
Population density (people per sq km) |
1,205 (2010) |
Population distribution by mother tongue |
Information not yet available |
Population distribution by religion |
None: 19% Anglican: 16% Roman Catholic: 15% African Methodist Episcopal: 9% Non-denominational: 9% Pentecostal: 4% Methodist: 3% Baptist: 1% |
Population distribution by ethnic groups |
Black – 54% White – 31% Asian – 4% Mixed – 8% Other – 4% |
Age-composition |
Information not yet available |
Dependency ratio – Percentage of population under 15 |
23; 16% (2010) |
Dependency ratio – Percentage of population over 65 |
19; 14% (2010) |
Birth rate (per 1,000 population) |
10.4 (2011) |
Infant mortality rate – number of deaths of children aged under 1 year per 1,000 live births |
1.3 |
Death rate – per 1,000 population |
7.2 |
Males |
8 |
Females |
6.4 |
Life expectancy – years at birth |
|
Men |
77.20 (2013) |
Women |
82.69 (2013) |
Total fertility rate – children per woman |
2.8 |
Average household size |
2.39 (2010) |
Proportion of single-parent households |
1v3% (2010) |
Proportion of households headed by women |
54% (2010) |
Social, economic and cultural indicators |
|
Share of (household) consumption expenditures on food, housing, health and education |
60% (2003) |
Proportion of population below the national poverty line |
This is no figure to denote a national poverty line, however, after the 2013 Household Expenditure Survey, more recent data will be available than the 2007 data below: Low Income Threshold (annual): Single Adult – US$27,046 Adult Couple – US$39,118 Single Parent, 1 Child – US$45,770 2 Parents, 1 Child – US$57,511 2 Parents, 2 Children – US$76,235 |
Proportion of population below the minimum level of dietary consumption |
Information not yet available. |
Gini coefficient (relating to distribution of income) |
Information not yet available |
Prevalence of underweight children under 4–5 |
Information not yet available |
Infant and maternal mortality rates (per 1,000 live births) |
<1% |
Percentage of women of child/bearing age using contraception or whose partner is using contraception |
54% |
Medical termination of pregnancy as proportion of live births |
26% |
Rates of infection of HIV/AIDS and major communicable diseases |
HIV infection rate – 0.01% TB infection rate – 0.005% |
Prevalence of major communicable and non-communicable diseases |
HIV – 0.46% Diabetes – 10.9% Hypertension – 35.5% |
Ten major causes of death |
Diseases of the circulatory system /heart disease – 28.8% Malignant neoplasms/Cancer – 28.6% Diseases of the respiratory system –11.8% External causes – 6.2% Diseases of the digestive system – 5.6% Endocrine, nutritional and metabolic diseases (incl. diabetes) – 5.1% Diseases of the nervous system – 4.7% Diseases of the genitourinary system – 3.2% Certain infectious and parasitic diseases (incl. AIDS) – 1.9% Ill-defined and unknown causes of mortality – 1.5% |
Net enrolement ratio in primary and secondary education |
96% (2011) 75% (2011) Note: Population figures include students attending educational institutions abroad whereas enrolment figures exclude them. The percentage does nto include students at tutorial sites (educational programming outside of the formally established public and private systems). |
Attendance and drop-out rates in primary and secondary education |
Information not yet available |
Teacher-student ratio in public funded schools |
7:1 (2011) |
Literacy rates (adult) |
98% (2003 estimate) |
Unemployment rate |
8% (2012) |
Employment by major sectors of economic activity, including formal and informal sectors |
Agriculture and Fishing – 2% Business Services – 10% Construction – 6% Education, Health and Social Work – 11% Electricity, Gas and Water – 1% Financial Intermediation – 7% Hotels – 7% International business activity – 11% Manufacturing – 2% Other community and personal services – 6% Public Administration – 12% Real Estate and Renting Services – 1% Restaurants, cafes and bars – 6% Transport and Communications – 6% Wholesale, Retail Trade and Repair Services – 12% |
Work participation rates |
76% |
Proportion of work force registered with trade unions |
Information not yet available |
Per capita income |
US$54,564 (2010) |
Gross Domestic Product (GDP) in billions |
US$5.5 (2012) GDP per capita: US$84,381 (2012) |
Annual growth rate |
-1.4% |
Gross National Income (GNI) in billions |
US$6.8 |
Consumer Price Index (CPI) (July-July 12 month average) |
1.8% (July 2013) |
Social expenditures (e.g. food, housing, health, education, social protection, etc.) as proportion of total expenditure and GDP |
Information not yet available |
External and domestic public debt |
Information not yet available |
Proportion of international assistance provided in relation to the State budget by sector and in relation to GNI |
Information not yet available |
Indicators on the political system |
|
Number of recognised political parties at the national level |
2 |
Proportion of the population eligible to vote |
67.6% |
Proportion of non-citizen population registered to vote |
None |
Number of complaints about the conduct of elections registered, by type of alleged irregularity |
The main complaint since the 2003 General Election has been voter registration constituency inaccuracies. |
Population coverage and breakdown of ownership of major media channels (electronic, print, audio, etc.) |
Full coverage; three major privately owned print and electronic/audio media. |
Number of recognised NGOs |
Information not yet available |
Distribution of legislative seats by party |
One Bermuda Alliance: 19 Progressive Labour Party: 16 (Independent: 1) |
Percentage of women in Parliament |
36 members of whom 8 are women; 22% |
Proportions of national and sub-national elections held within the schedule laid out by law |
National elections are held every 4 to 5 years per the Constitution. Bye-elections are held once vacancies occur. Municipal elections are held every third calendar year. |
Average voter turnouts in the national and sub-national elections by administrative unit |
At General Elections, the average voter turnout is 75% ( 2012: 87%) For bye-elections, the average voter turnout is 35%. |
Indicators on crime and the administration of justice |
|
Incidence of violent death and life threatening crimes reported per 100,000 persons |
119.9 |
Number of persons and rate (per 100,000 persons) who were arrested/brought before a court convicted/sentenced/incarcerated for violent or other serious crimes (such as homicide, robbery, assault and trafficking) |
Murder – 29 (44.6) Manslaughter – 3 (4.6) Serious Assaults – 64 (98.4) Other Assaults – 215 (330.5) Robbery – 52 (79.9) Offences against children – 12 (18.4) Firearms offences – 33 (50.7) |
Number of reported cases of sexually motivated violence (such as rape, female genital mutilation, honour crimes and acid attacks) |
Information not yet available |
Maximum time of pre-trial detention (remand) |
Information not yet available |
Prison population with breakdown by offence and length of sentence |
Information not yet available |
Incidence of death in custody |
Information not yet available |
Number of persons executed under the death penalty per year |
Information not yet available |
Average backlog of cases per judge at different levels of the judicial system |
Information not yet available |
Number of police/security personnel per 100,000 persons |
1,386/100,000 (2011) Number of Police Officers: 331 Number of Security Officers: 566 |
Number of prosecutors and judges per 100,000 |
Information not yet available |
Share of public expenditure on police/security and judiciary |
Information not yet available |
Of the accused and detained persons who apply for free legal aid, the proportion of those who receive it |
Information not yet available |
Proportion of victims compensated after adjudication, by type of crime |
Information not yet available |
B.Constitutional, political and legal structure
63.The Constitution of Bermuda was adopted in 1967 and amended in1973, 1979, 1989, 2001 and 2003.
Parliament
64.Bermuda is a British Territory and has a parliamentary system of government. The House of Assembly is comprised of 36 members elected by universal adult suffrage. It elects a Speaker and a Deputy Speaker and sits for a term of five years, unless dissolved earlier. Bermuda is divided into 36 constituencies, each represented by one member in the House. Under the Constitution of Bermuda, a Boundaries Commission is appointed every seven years to examine and, if necessary, to revise the boundaries of the constituencies.
65.The Senate is comprised of 11 members appointed by His Excellency the Governor. Five members of Senate are appointed on the recommendation of the Premier and represent the governing party. Three members are appointed on the recommendation of the Leader of the Opposition and represent the official opposition party. And the three remaining Senators are appointed as Independents. A President and a Vice-President are elected by the full Senate from among the Independent Senators.
Government
66.The Government of Bermuda comprises a Governor, a Deputy Governor, a Premier, and a Cabinet. The Sovereign and the UK Government appoint the Governor, after consultation with the Premier. The Premier is the individual who commands the confidence of a majority of the Members of the House of Assembly and heads a Cabinet of no more than 14 members of the Legislature. The Governor is responsible for defence, external affairs, internal security and the Police.
Judiciary and the administration of justice
67.Bermuda’s law and legal system are based on English Common Law, English statute law (in force since 1612) and Acts of the Bermuda Parliament passed since that time. The judiciary is a separate and independent body from the Government and its members are not elected, but appointed on the advice of the Chief Justice. As per Bermuda’s Constitution, the Chief Justice is appointed by the Governor, acting after consultation with the Premier who shall first have consulted the Opposition Leader. There are three Courts presiding in Bermuda, namely, the Magistrates’ Court, the Supreme Court and the Court of Appeal.
II.General framework for the protection and promotion of human rights
A.Acceptance of international human rights norms
68.The following main international instruments have been extended to Bermuda.
Main United Nations international human rights conventions and protocols
•ICERD; ICCPR; ICESCR; CAT; CRC.
Other United Nations human rights and related conventions
•Convention on the Prevention and Punishment of the Crime of Genocide; Convention relating to the Status of Stateless Persons; Convention on the Reduction of Statelessness; Rome Statute of the International Criminal Court.
Conventions of the International Labour Organization
•C029 – Forced Labour Convention; C081 – Labour Inspection Convention; C087 – Freedom of Association and Protection of the Right to Organise Convention; C098 – Right to Organise and Collective Bargaining Convention; C102 – Social Security (Minimum Standards) Convention; C105 – Abolition of Forced Labour Convention; C182 – Worst Forms of Child Labour Convention.
Conventions of the Hague Conference on Private International Law
•Convention on the Recognition of Divorces and Legal Separations; Convention on the Civil Aspects of International Child Abduction.
Geneva Conventions and other treaties on international humanitarian law
•Geneva 1; Geneva 2: Geneva 3; Geneva 4; Protocol 1; Protocol 2; Protocol 3; Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction.
Regional human rights instruments
•ECHR.
B.Legal framework for the protection of human rights at the national level
69.The Constitution of Bermuda contains specific provisions relating to the protection of fundamental rights and freedoms of individuals.
70.Furthermore, there are several statutory and non-statutory instruments that guide human rights initiatives in Bermuda: the Human Rights Act 1981, which was amended in 1995, 1998, 2000 and 2006; the Employment Act of 2000 which covers employment protections (non-discriminatory workforce practices); a review of the CEDAW (which is not extended to Bermuda) which prompted a review of all Bermuda Statutes to identify areas where the law might be discriminatory on the grounds of sex; the 1997 voluntary Code of Practice for the Elimination of Racial Discrimination and the Promotion of Equality of Opportunity in Employment; the Code of Conduct for Human Rights Commissioners, an in-house document which serves as a guide, resource and training tool; Commissions of Inquiry Act 1935, which guides the procedures of Commissions of inquiry appointed to address matters of a public nature.
71.Finally, several significant amendments to the law were introduced, including: the Unreasonable Hardship (Human Rights) Amendment Act 2011 which afforded necessary protection in employment to persons with disabilities; the Human Rights Structure and Function Amendment Act 2012 to improve efficiency and effectiveness; and the Human Rights Amendment Act 2013 which gave protection on the basis of sexual orientation in all areas and age in the area of goods, facilities and services in an effort to expand the scope of human rights protection in Bermuda.
C.Framework within which human rights are promoted at the national level
72.In June 2010, the Government transferred the functions of the Commission for Unity and Racial Equality to the Human Rights Commission whose work currently focuses on three main areas: to provide effective and timely means for resolving individual complaints; to promote knowledge of human rights in Bermuda and to encourage people to follow principles of equality; and to help reduce barriers to equality in employment and access to services.
III.Information on non-discrimination and equality and effective remedies
73.The Human Rights Act 1981 (as amended) is the main statutory tool to combat discrimination on various grounds. The Human Rights Commission has statutory powers to investigate complaints on contravensions of the Act, including allegations of discrimination. If the Commission is unable to settle the causes of a complaint, the Executive Officer will refer the complaint to a Tribunal. The decision of the Tribunal may be appealed to the Supreme Court, and then the Court of Appeal, and then the JCPC in London.
74.A “National Policy on Disabilities” was adopted by the Government of Bermuda, and the “National Accessibility Advisory Committee” was appointed to oversee it.
Cayman Islands
I.General information
A.Demographic, economic, social and cultural characteristics
Demographic indicators |
|
Population size |
69,914 (2019) |
Population growth rate |
6.2% |
Population density (people per sq km) |
264.7 |
Population distribution by mother tongue |
Information not yet available |
Population distribution by religion |
Information not yet available |
Population distribution by ethnic groups |
Information not yet available |
Age-composition |
Total: 69,914 0–14: 10,652 15–24: 6,250 25–34: 11,877 35–44: 13,921 45–54: 12,782 55–64: 8,269 65+: 5,552 DK/NS: 610 |
Dependency ratio – Percentage of population under 15 |
15.2% |
Dependency ratio – Percentage of population over 65 |
7.9% |
Birth rate (per 1,000 population) |
10.0 |
Infant mortality rate – number of deaths of children aged under 1 year per 1,000 live births |
7.6 (2019) |
Death rate – per 1,000 population |
3.0 |
Males |
2.1 |
Females |
1.5 |
Life expectancy – years at birth |
82.3 |
Men |
79.8 |
Women |
84.7 |
Total fertility rate – children per woman |
Information not yet available |
Average household size |
2.4 |
Proportion of single-parent households |
Information not yet available |
Social, economic and cultural indicators |
|
Share of (household) consumption expenditures on food, housing, health and education |
Food – 66.1/1000 Housing – 334.5/1000 Health – 20.9/1000 Education – 38.2/1000 Base reference period = September 2016 |
Proportion of population below the national poverty line |
Information not yet available |
Proportion of population below the minimum level of dietary consumption |
Information not yet available |
Gini coefficient (relating to distribution of income) |
2015 Gini = 0.3779 |
Prevalence of underweight childrenunder 4‑5 |
Information not yet available |
Infant and maternal mortality rates (per 1,000 live births) |
2011 – 5.1 |
Percentage of women of child/bearing age using contraception or whose partner is using contraception |
Information not yet available |
Medical termination of pregnancy as proportion of live births |
Information not yet available |
Rates of infection of HIV/AIDS and major communicable diseases |
Information not yet available |
Prevalence of major communicable and non-communicable diseases |
Information not yet available |
Ten major causes of death |
1)Disease of the circulatory system 2)Malignant neoplasms (cancer) 3)Endorcine, Nutritional, and Metabolic diseases 4)External causes 5)Diseases of the respiratory system 6)Disease of the nervous system 7)Infectious and Parasitic diseases 8)Disease of the digestive system 9)Disease of the Genitourinary system 10)Certain conditions originating the perinatal period As of 2018 |
Net enrolement ratio in primary and secondary education |
Ages 5–17 years – 92% (2019) |
Attendance and drop-out rates in primary and secondary education |
Information not yet available |
Teacher-student ratio in public funded schools |
Government: 13.1 All Schools: 12.6 |
Literacy rates (adult) |
Information not yet available |
Unemployment rate |
3.5% |
Employment by major sectors of economic activity, including formal and informal sectors |
Information not yet available |
Work participation rates |
82.8% |
Proportion of work force registered with trade unions |
Information not yet available |
Per capita income |
CI$ 73,693.8 (2019 estimate) |
Gross Domestic Product (GDP) in billions |
CI$ 4.48 |
Annual growth rate |
3.2% |
Gross National Income (GNI) in billions |
Information not yet available |
Consumer Price Index (CPI) (April to June 2020) |
(September 2016=100) 110.4 |
Social expenditures (e.g. food, housing, health, education, social protection, etc.) as proportion of total expenditure and GDP |
Information not yet available |
External and domestic public debt |
CI$284.4 millions (central government only) |
Proportion of international assistance provided in relation to the State budget by sector and in relation to GNI |
Information not yet available |
Indicators on the political system |
|
Number of recognised political parties at the national level |
(3) – GDP (Cayman Democratic Party), PPM (People’s Progressive Movement), Independent |
Proportion of the population eligible to vote |
30% |
Proportion of non-citizen population registered to vote |
0 |
Number of complaints about the conduct of elections registered, by type of alleged irregularity |
Information not yet available |
Population coverage and breakdown of ownership of major media channels (electronic, print, audio, etc.) |
Information not yet available |
Number of recognised NGOs |
Information not yet available |
Distribution of legislative seats by party |
PPM-6, UDP-3, IND.-8 (2017) |
Percentage of women in Parliament |
16% (19 members, 3 of whom are females) |
Proportions of national and sub-national elections held within the schedule laid out by law |
100% |
Average voter turnouts in the national and sub-national elections by administrative unit |
74.1% |
Indicators on crime and the administration of justice |
||||||||||||||||||||||||
Incidence of violent death and life threatening crimes reported per 100,000 persons |
|
|||||||||||||||||||||||
Number of persons and rate (per 100,000 persons) who were arrested/brought before a court convicted/sentenced/incarcerated for violent or other serious crimes (such as homicide, robbery, assault and trafficking) |
|
|||||||||||||||||||||||
Number of reported cases of sexually motivated violence (such as rape, female genital mutilation, honour crimes and acid attacks). |
|
|||||||||||||||||||||||
Maximum time of pre-trial detention (remand) |
|
|||||||||||||||||||||||
Prison population with breakdown by offence and length of sentence |
|
|||||||||||||||||||||||
Incidence of death in custody |
0 |
|||||||||||||||||||||||
Number of persons executed under the death penalty per year |
0 |
|||||||||||||||||||||||
Average backlog of cases per judge at different levels of the judicial system |
Information not yet available |
|||||||||||||||||||||||
Number of police/security personnel per 100,000 persons |
In 2019 there were approximately 733 police/security personnel per 100,000 population |
|||||||||||||||||||||||
Number of prosecutors and judges per 100,000 |
Information not yet available |
|||||||||||||||||||||||
Share of public expenditure on police/security and judiciary |
Information not yet available |
|||||||||||||||||||||||
Of the accused and detained persons who apply for free legal aid, the proportion of those who receive it |
Information not yet available |
|||||||||||||||||||||||
Proportion of victims compensated after adjudication, by type of crime |
Information not yet available |
B.Constitutional, political and legal structure
75.A new Cayman Islands Constitution came into effect in November 2009 through The Cayman Islands Constitution Order 2009. The Constitution has been amended by The Cayman Islands Constitution (Amendment) Order 2016 and The Cayman Islnds Contitution (Amendment) Order 2020.
Parliament
76.Currently the 19 elected members of the Parliament represent single-member consituencies in the Islands. Seventeen single-member constituencies are located in Grand Cayman with the remaining two in Cayman Brac and Little Cayman.
77.The Governor must dissolve the Parliament four years after its first meeting, unless it has been dissolved sooner, and a general election must be held within two months of dissolution.
Executive
78.Appointed by the UK Government, the Governor presides over the Cabinet, whose advice must be taken except in matters of defence, external affairs, internal security, the police and the civil service. In the absence of the Governor from any meeting of the Cabinet, the Cabinet is chaired by the Premier. The Governor also appoints members of the judiciary and oversees the civil service.
79.The Cabinet is composed of two official members and seven other Ministers, one of whom is the Deputy Premier and two official members. The official members are the Deputy Governor and the Attorney General. The Deputy Governer is appointed by the Governor in accordance with HM instructions, whereas the Attorney General is appointed by the Governor in accordance with advice from the Judicial and Legal Services Commission. The Deputy Governor and Attorney General are also ex-officio, non-voting members of Parliament. The Governor also appoints the remaining seven Ministers in accordance with the advice of the Premier. Ministers are allocated their portfolio of responsibilities by the Governor on the avice of the Premier. Under the principle of collective responsibility, all Ministers are obliged to support in the Assembly any measures approved by Cabinet.
80.Almost 80 departments, sections and units carry out the business of government, joined by a number of statutory boards and authorities set up for specific purposes, such as the Port Authority, the Civil Aviation Authority, the Immigration Board, the Water Authority, the University College Board of Governors, the National Pensions Board, and the Health Insurance Commission.
Judiciary and the administration of justice
81.The Cayman Islands has a chief justice, five full time judges, , five magistrates, three resident acting magistrates and over 210 justices of the peace. The Governor appoints magistrates, judges, and the Chief Justice on the advice of the Judicial and Legal Services Commission, a body formed by the 2009 Constitution.
82.Justice in the Cayman Islands is administered at three levels – in the Summary Court (including the Youth, Juvenile, Family, Domestic Violence Drug Rehabilitation court and Mental Health court), the Grand Court and the Court of Appeal. The Juvenile Court has general jurisdiction to try all summary offences committed by juveniles under 17 years of age. The Summary Court has a civil and criminal jurisdiction. Coroner’s inquests are held in Summary Court where a magistrate sits with a jury as coroner for the Islands. Appeals from the Summary Court lie to the Grand Court. The Grand Court is a superior court of record and administers the common law and the law of equity of England, as well as locally enacted laws and applied laws. A dedicated financial services division of the Grand Court opened in November 2009. Appeals from the Grand Court lie to the Cayman Islands Court of Appeal, composed of a President and not less than two judges of appeal. Further appeal lies, in certain circumstances, to the JCPC in London.
II.General framework for the protection and promotion of human rights
A.Acceptance of international human rights norms
83.The following main international instruments have been extended to the Cayman Islands.
Main United Nations international human rights conventions and protocols
•ICERD; ICCPR; ICESCR; CAT; CRC; CEDAW.
Other United Nations human rights and related conventions
•Convention relating to the Status of Refugees (and its 1967 Protocol); Convention on the Reduction of Statelessness; Rome Statute of the International Criminal Court; United Nations Convention against Transnational Organized Crime; Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages; Protocol amending the Slavery Convention signed at Geneva on 25 September 1926; Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery.
Conventions of the International Labour Organization
•C087 – Freedom of Association and Protection of the Right to Organise Convention; C098 – Right to Organise and Collective Bargaining Convention; C029 – Forced Labour Convention; C105 – Abolition of Forced Labour Convention [restricted to only fundamental ILO conventions].
Conventions of the United Nations Educational, Scientific and Cultural Organization
•Convention against Discrimination in Education.
Conventions of the Hague Conference on Private International Law
•Convention on the Civil Aspects of International Child Abduction.
Geneva Conventions and other treaties on international humanitarian law
•Geneva 1; Geneva 2: Geneva 3; Geneva 4; Protocol 1; Protocol 2; Protocol 3; Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction.
Regional human rights instruments
•ECHR.
B.Legal framework for the protection of human rights at the national level
84.Part I (“Bill of Rights, Freedoms and Responsibilities”) of Schedule 2 of The Cayman Islands Constitution Order 2009 protects human rights.
C.Framework within which human rights are promoted at the national level
85.A Human Rights Commission was established under the Cayman Islands Constitution to promote understanding and observance of human rights in the Cayman Islands.
III.Information on non-discrimination and equality and effective remedies
86.Specific provisions on equality and to combat discrimination are contained in Part I (“Bill of Rights, Freedoms and Responsibilities”) of Schedule 2 of The Cayman Islands Constitution Order 2009. The Human Rights Commission has statutory powers to investigate complaints of human rights breaches, thus including complaints of discrimination. In addition the Gender Equality Law, 2011, Older Persons Law, 2017 and the Disabilities (Solomon Webster) Law, 2016 seek to ensure non-discrimination.
Falkland Islands
I.General information
A.Demographic, economic, social and cultural characteristics
Demographic indicators |
||
Population size |
2,841 |
|
Population growth rate |
3.7% |
|
Population density (people per sq km) |
0.23 |
|
Population distribution by mother tongue |
People speaking English as first language: 84.5% People speaking a second language: 17.5% (59% of which speak Spanish as second language). |
|
Population distribution by religion |
Rural Areas: 54% Christian; 46% No religion; 0.2% Other. Urban Areas: 60% Christian; 38% No religion; 2% Other. |
|
Population distribution by ethnic groups |
Rural Areas: Falkland Islander: 71% British: 16% Chilean: 7% St. Helenian: 0.5% Other: 5% |
Urban Areas: Falkland Islander: 61% British: 22% St. Helenian: 4% Chilean: 4% Other: 10% |
Age-composition |
0 under 15: 18% 15 under 30: 16% 30 under 45: 26% 45 under 60: 24% 60 under 75: 12% 75 and over: 4% |
|
Dependency ratio – Percentage of population under 15 |
18% |
|
Dependency ratio – Percentage of population over 65 |
11% |
|
Birth rate (per 1,000 population) |
12.5 |
|
Infant mortality rate – number of deaths of children aged under 1 year per 1,000 live births |
<0.1 |
|
Death rate – per 1,000 population |
6.9 |
|
Males |
4 per annum |
|
Females |
1.5 per annum |
|
Life expectancy – years at birth |
||
Men |
73 |
|
Women |
81 |
|
Total fertility rate – children per woman |
1.56 |
|
Average household size |
2.7 |
|
Proportion of single-parent households |
8% |
Social, economic and cultural indicators |
|
Share of (household) consumption expenditures on food, housing, health and education |
Food & Non-Alcoholic Drinks: 17.3% Alcoholic Drinks & Tobacco: 2.8% Clothing & Footwear: 2.1% Housing, Fuel & Power: 33% Household Goods & Services: 4.2% Health: 0.5% Transport: 10.2% Communication: 4.3% Recreation & Culture: 10.7% Education: 0.1% Restaurants & Hotels: 5.1% Miscellaneous Goods & Services: 8.6% Other Expenditure Items: 1.0% |
Proportion of population below the national poverty line |
There is no official poverty line in the Falkland Islands. In the 2019/20 Budget, the Minimum Wage was uplifted to bring it in line with the Living Wage. This represented a 5.4% increase over 2018/19 Minimum Wage levels of £6.67 per hour, to £7.03. In the 2020/21 Budget, both the Minimum and Living Wage rates were increased by 1.5% to £7.13 per hour. |
Proportion of population below the minimum level of dietary consumption |
0 |
Gini coefficient (relating to distribution of income) |
0.38 |
Prevalence of underweight childrenunder 4‑5 |
0 |
Infant and maternal mortality rates (per 1,000 live births) |
Maternal : 0 Infant : <0.1% |
Percentage of women of child/bearing age using contraception or whose partner is using contraception |
Unknown |
Medical termination of pregnancy as proportion of live births |
0 |
Rates of infection of HIV/AIDS and major communicable diseases |
None known. |
Prevalence of major communicable and non-communicable diseases |
Chronic Obstructive Pulmonary Disease: 5% (estimate). Diabetes: 5% (estimate). |
Ten major causes of death |
Lung cancerBowel cancerBreast cancerCardiovascular diseaseOld ageSepticaemiaType 2 diabetesChronic renal diseasePulmonary embolusUpper gastrointestinal cancer |
Net enrolement ratio in primary and secondary education |
100% |
Attendance and drop-out rates in primary and secondary education |
0% drop out rate (primary, and secondary) Attendance: 98.6% (primary); 98% (secondary) |
Teacher-student ratio in public funded schools |
Primary: 1:24 Secondary: 1:13 |
Literacy rates (adult) |
100% |
Unemployment rate |
1% |
Employment by major sectors of economic activity, including formal and informal sectors |
Public Service: 24% Agriculture: 10% Wholesale and Retail Trade: 10% Hospitality (hotels, restaurants, pubs, etc.): 4% Construction: 13% Transportation and Storage: 5% Administration & Support Services: 0.3% Community, Social and Personal Services: 3% Electricity, Water and Gas: 2% Fishing: 3% Financial services: 2% Business Services: 11% Tourism: 4% Mining and Quarrying (including oil and gas exploration: 0.7% Professional, scientific & technical activities: 4% Information and communication: 2% Insurance: 0.2% Real estate: 0.2% Other: 0.9% Art, Entertainment & Recreation: 0.8% |
Work participation rates |
89% |
Proportion of work force registered with trade unions |
2.9% |
Per capita income |
£93,6000 (GDP); £56,900 (GNI) |
Gross Domestic Product (GDP) in billions |
£283.4m (provisional estimate 2016) |
Annual growth rate |
4.2% GDP growth (average for 2007-16) |
Gross National Income (GNI) in billions |
£172.9m |
Consumer Price Index (CPI) |
CPI is not calculated in the Falkland Islands. Retail Price Index (RPI) = 104.301 |
Social expenditures (e.g. food, housing, health, education, social protection, etc.) as proportion of total expenditure and GDP |
Capital investment: £22.9m Social transfers incl. transfer to pension funds: £4.2m Expenditure on health, housing, education: £25.8m Total for 2020/21: £51.1m Approx. 18% GDP, 48% of Total Budget Schedule |
External and domestic public debt |
0% |
Proportion of international assistance provided in relation to the State budget by sector and in relation to GNI |
The proportion of formal international assistance to the State budget is nil, however the government maintains an Emergency Relief Fund from which ad hoc donations can be made. |
Indicators on the political system |
|
Number of recognised political parties at the national level |
There are no political parties |
Proportion of the population eligible to vote |
68% of the voting age population are eligible to vote |
Proportion of non-citizen population registered to vote |
0% |
Number of complaints about the conduct of elections registered, by type of alleged irregularity |
None |
Population coverage and breakdown of ownership of major media channels (electronic, print, audio, etc.) |
Television – BBC1, BBC2, ITV, Channel 4, British Forces Broadcasting Service Extra, and Sky News available free of charge throughout the Falkland Islands (all via the British Forces Broadcasting Service; subsidised by the Falkland Islands Government). Paid television service available from KTV Ltd; a Falkland Islands registered company (which largely re-broadcasts South American/international satelite chanels). Radio – Falkland Island Radio Service, British Forces Broadcating service chanels, and BBC World Service – available throughout the Islands. Print – Penguin News (also available electronically). Falkland Islands Radio Service and Penguin News are operated by an independent media trust. |
Number of recognised NGOs |
<5 |
Distribution of legislative seats by party |
There are no political parties. |
Percentage of women in Parliament |
25% |
Proportions of national and sub-national elections held within the schedule laid out by law |
100% |
Average voter turnouts in the national and sub-national elections by administrative unit |
85% in the last General Election (November 2017). |
Indicators on crime and the administration of justice |
|
Incidence of violent death and life threatening crimes reported per 1,000 persons |
None. |
Number of persons and rate (per 1,000 persons) who were arrested/brought before a court convicted/sentenced/incarcerated for violent or other serious crimes (such as homicide, robbery, assault and trafficking) |
For cases commenced since 1st January 2020 16 x cases involving offences against the person (range of common assault to ABH to violent disorder). 15 cases have resulted in conviction and sentence and of these 15, 4 people have/are serving immediate custodial sentences. 1 resulted in an acquittal. 5 x cases involving sexual offences (indent images/indecent assault/sexual touching) All cases resulted in conviction and sentence. (the acquittal earlier this year began in 2018 so is not counted within these statistics). Of these 5 cases, three resulted in immediate custodial sentences. Since 1st January 2020, 59 criminal cases have been commenced. The remaining cases not accounted for cover road traffic matters and dishonesty offences (theft, fraud by misrepresentation (value less than £500)) and public order (disorderly behaviour whilst intoxicated etc). No indictment only offences have been commenced since 1st January 2020. |
Number of reported cases of sexually motivated violence (such as rape, female genital mutilation, honour crimes and acid attacks). |
45 in 2019 |
Maximum time of pre-trial detention (remand) |
In 2020: 7 day remand pre-conviction was the maximum period |
Prison population with breakdown by offence and length of sentence |
As of 3 December 2020, there are 13 prisoners. Breakdown by offence: Sexual offending: 9 Violent offending: 3 Drug possession/supply: 1 Breakdown by length of sentence: 12 months or less: 3 1–2 years: 3 4–5 years: 3 7 years: 1 8 years and 8 months: 1 9 years and 9 months: 1 10 years: 1 |
Incidence of death in custody |
None |
Number of persons executed under the death penalty per year |
0 |
Average backlog of cases per judge at different levels of the judicial system |
Nil – no cases waiting for judicial availability, all cases are in progress. |
Number of police/security personnel per 1,000 persons |
7.2 (including police reserve officers). |
Number of prosecutors and judges per 1,000 persons |
Prosecutors: 0.3 Judges: 4.7 Justices of the Peace: 4.1 Resident Judge: 0.3 Non-resident Judge: 0.3 |
Share of public expenditure on police/security and judiciary |
2.7% |
Of the accused and detained persons who apply for free legal aid, the proportion of those who receive it |
In 2020: 64 applications for payment under the criminal advice and assistance scheme have been received and approved for payment since 1st January 2020. Initial free legal advice is available to all those accused and detained. Thereafter means tested legal aid is available for both advice and representation. |
Proportion of victims compensated after adjudication, by type of crime |
Theft: 50% (1 case out of 2) Common assault: 13% (1 case out of 8) ABH: 66% (2 cases out of 3) Fraud: 50% (1 case out of 2) Immediate custodial sentences were imposed on other cases sentence. |
B.Constitutional, political and legal structure
87.The Falkland Islands enjoy a large measure of internal self-government and The Falkland Islands Constitution Order 2008 further strengthened that position.
Legislative Assembly
88.There is a Legislative Assembly of eight elected Members of the Legislative Assembly (“MLAs”) which is chaired by a Speaker and includes two members who attend by “right of office” namely the Chief Executive and the Financial Secretary. The Commander of British Forces South Atlantic Islands and the Attorney General are also entitled to attend and speak on any matter. Legislative Assembly meetings are held bi-monthly and the Assembly is entitled to pass legislation for the peace, order and good governance of the Falkland Islands subject to approval by the Secretary of State acting on behalf of the Sovereign (who is the Head of State).
Falkland Islands Government
89.The Executive Council is the body of government responsible for policy making in the Falkland Islands, exercising executive power by advising the Governor who acts on behalf of the Sovereign in whom executive authority is vested. Chapter V of the Schedule of The Falkland Islands Constitution Order 2008 prescribes the powers, function, membership and tenure of the Executive Council. The Constitution gives power to the Governor to act against the advice of the Executive Council. However, if the Governor were to do so, the Governor would have to report the matter to the UK Government immediately, explaining the reasons for that action. Every year the Legislative Assembly elects three MLAs to the Executive Council for office, although MLAs are permitted to seek re-election as often as they like. MLAs can be removed from the Executive Council by a resolution in the Legislative Assembly. Strategy and policy is formulated by the Executive Council, together with high senior management decisions, which meets monthly or more frequently if required. All MLAs are elected as independents as there are no political parties and therefore no opposition. Each MLA takes responsibility for a particular portfolio and works closely with the departments they are responsible for it.
Judiciary and the administration of justice
90.The judiciary consists of the Summary Court, the Magistrate’s Court, the Supreme Court of the Falkland Islands, and the Falkland Islands Court of Appeal. Appeals from the Court of Appeal are referred to the JCPC in the UK. The court system is similar to that of England and Wales and is set out in Chapter VIII of the Schedule of The Falkland Islands Constitution Order 2008. The Supreme Court has jurisdiction to hear and decide any civil or criminal matter and is presided over by the Chief Justice who is not resident in the Falkland Islands but will attend as and when is necessary. The Chief Justice is usually a High Court Judge from England and Wales and the Court of Appeal are usually appellate judges drawn from the Court of Appeal of England and Wales. The Court of Appeal sits in London as and when required (although there have been no cases heard in that court for several years). The Magistrate’s Court is presided over by a resident Senior Magistrate, appointed by the Governor, who is invariably an experienced barrister of at least ten years call and often an acting judge from the jurisdiction of England and Wales. The Summary Court consists of a panel of Justices of the Peace (JPs) who are not legally qualified but are considered to be “upstanding members of the community”. The Summary Court deals with the most simple criminal cases (or sits when the Senior Magistrate is not in the Falkland Islands) and JPs can also act as the Licensing Justices regarding liquor licensing.
II.General framework for the protection and promotion of human rights
A.Acceptance of international human rights norms
91.The following main international instruments have been extended to the Falkland Islands.
Main United Nations international human rights conventions and protocols
•ICERD; ICCPR; ICESCR; CEDAW; OP-CEDAW; CAT; CRC.
Other United Nations human rights and related conventions
•Convention on the Prevention and Punishment of the Crime of Genocide; Convention relating to the Status of Refugees (and its 1967 Protocol); Convention relating to the Status of Stateless Persons; Convention on the Reduction of Statelessness; Rome Statute of the International Criminal Court; United Nations Convention against Transnational Organized Crime.
Conventions of the International Labour Organization
•C029 – Forced Labour Convention ; C087 – Freedom of Association and Protection of the Right to Organise Convention; C098 – Right to Organise and Collective Bargaining Convention; C100 – Equal Remuneration Convention; C102 – Social Security (Minimum Standards) Convention; C105 – Abolition of Forced Labour Convention; C111 – Discrimination (Employment and Occupation) Convention; C138 – Minimum Age Convention; C182 – Worst Forms of Child Labour Convention.
Conventions of the United Nations Educational, Scientific and Cultural Organization
•Convention against Discrimination in Education.
Conventions of the Hague Conference on Private International Law
•Convention on the Civil Aspects of International Child Abduction.
Geneva Conventions and other treaties on international humanitarian law
•Geneva 1; Geneva 2: Geneva 3; Geneva 4; Protocol 1; Protocol 2; Protocol 3; Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction.
Regional human rights instruments
•ECHR.
B.Legal framework for the protection of human rights at the national level
92.The following legislation is in place in the Falkland Islands: The Falkland Islands Constitution Order 2008; Equal Employment Rights Ordinance 1998; Sex Discrimination Ordinance 1998; Race Relations Ordinance 1994; Employment of Children Ordinance 1966; Minimum Wage Ordinance 2013.
93.Human rights are also protected through the prompt and effective investigation and prosecution of criminal offences especially racially aggravated offences and sexual abuse of adults and children.
C.Framework within which human rights are promoted at the national level
94.The Falkland Islands participate in all human rights programmes arranged by the UK Government for the British Overseas Territories. In 2010 and 2011, visiting academics from the Commonwealth Human Rights Foundation spoke about human rights to over 200 people, with the aim of increasing public awareness of international human rights instruments, and equipping civil society groups and government officers to better address human rights issues.
95.The framework for the promotion of human rights includes the formation in 2011 of an independent civil society organisation called the Falkland Islands Human Rights Group to promote human rights in the community; the adoption by government of the Falkland Islands Human Rights Action Plan 2012; the purchase of human rights literature for the community library; the publication and dissemination of human rights posters and leaflets; and the strengthening of the Personal, Social and Health Education programme in the primary and secondary schools.
III.Information on non-discrimination and equality and effective remedies
96.Chapter 1 of the Schedule of The Falkland Islands Constitution Order 2008 is based on the ECHR. Every person in the Falkland Islands is entitled to the fundamental rights and freedoms of the individual without distinction of any kind, and is protected from discrimination on the grounds of sex, sexual orientation, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
97.Any person who alleges that any of the provisions of Chapter 1 of the Constitution has been, is being or is likely to be contravened in relation to him or her may apply to the Supreme Court of the Falkland Islands for redress. If in any proceedings in any lower court any question arises as to the contravention of any of the provisions of Chapter 1 of the Constitution, the court may, and shall if any person to the proceedings so requests, refer the question to the Supreme Court. A right of appeal on any issue involving Chapter 1 of the Constitution lies as of right to the appellate courts (the Court of Appeal and the JCPC) except where the Supreme Court has dismissed an application on the ground that it is frivolous or vexatious.
98.In determining any question which has arisen in connection with the interpretation or application of any of the provisions of Chapter 1 of the Constitution, every court must take into account any relevant opinions or decisions of the European Commission of Human Rights and Committee of Ministers of the Council of Europe and any relevant jurisprudence of the European Court of Human Rights and the superior courts of the United Kingdom.
99.In addition to these specific constitutional protections, human rights can be protected and legislative provisions enforced by the usual court remedies.
Gibraltar
I.General information
A.Demographic, economic, social and cultural characteristics
Demographic indicators |
|
Population size |
34,003 (2016) |
Population growth rate |
4,616 |
Population density (people per sq km) |
5,231 (2016) |
Population distribution by mother tongue |
Information not yet available |
Population distribution by religion |
Information not yet available |
Population distribution by ethnic groups |
Information not yet available |
Age-composition |
(Census 2012) 0–14: 18.1% 15–64: 65.6% 65+: 16.3% |
Dependency ratio – Percentage of population under 15 |
18.4% (Census 2012) |
Dependency ratio – Percentage of population over 65 |
16.3% (Census 2012) |
Birth rate (per 1,000 population) |
12.5 (2016) |
Infant mortality rate – number of deaths of children aged under 1 year per 1,000 live births |
0 (from 2016 to present day there have been no infant deaths) |
Death rate – per 1,000 population |
7.3 (2016) |
Life expectancy – years at birth |
Information not yet available |
Men |
80.9 (Census 2012) |
Women |
85.6 (Census 2012) |
Total fertility rate – children per woman |
2.2 (in 2007) |
Average household size |
2.7 (Census 2012) |
Proportion of single-parent households |
Information not yet available |
Social, economic and cultural indicators |
|
Share of (household) consumption expenditures on food, housing, health and education |
Information not yet available |
Proportion of population below the national poverty line |
Information not yet available |
Proportion of population below the minimum level of dietary consumption |
Information not yet available |
Gini coefficient (relating to distribution of income) |
Information not yet available |
Prevalence of underweight childrenunder 4‑5 |
Information not yet available |
Infant and maternal mortality rates (per 1,000 live births) |
0 (among all the deaths from 2016 to present day there have been no recorded infant or maternal deaths) |
Percentage of women of child/bearing age using contraception or whose partner is using contraception |
Information not yet available |
Medical termination of pregnancy as proportion of live births |
Information not yet available |
Rates of infection of HIV/AIDS and major communicable diseases |
Incidents of AIDS is very rare. Prevalence of HIV+ is estimated at under 0.1% of the population. The major communicable diseases are Winter Influenza (counts are not recorded), Covid-19, food-borne diseases (in the summer (about 2.1 cases per 1000 population per annum) and Rotavirus diarrhea (about 2 cases per 1000 population per annum). |
Prevalence of major communicable and non-communicable diseases |
Prevalent communicable diseases: none Prevalence of non-communicable diseases is not recorded but estimated to be within the norms of Western Europe. |
Major causes of death |
PneumoniaMyocardial Infarction/heart diseaseSepsisOther lower respiratory infectionLung CancerStomach CancerRenal failureStroke COVID-19 (and associated complications) Dementia |
Net enrolement ratio in primary and secondary education |
100% |
Attendance and drop-out rates in primary and secondary education |
0% up to the statutory school age of 15years |
Teacher-student ratio in public funded schools |
14.5 |
Literacy rates (adult) |
No statistics kept (assumed to be nearly 100%) |
Unemployment rate |
0.3% of total workforce (0.46% of resident work force) |
Employment by major sectors of economic activity, including formal and informal sectors |
(2018) Shipbuilding – 235 Other Manufacture – 237 Electricity and Water Supply – 260 Construction – 4,062 Wholesale and Retail Trade – 3,560 Hotels and Restaurants – 2122 Transport & communications – 1,848Financial Intermediation – 2273 Real Estate & Business Activities – 3976 Public Adminitration & Defence –2256 Education – 1238 Health and Social Work – 2,876 Other Services – 5052 |
Work participation rates |
Information not yet available |
Proportion of work force registered with trade unions |
Information not yet available |
Per capita income |
GDP per capita: £69,917 (2018/2019) GNP per capita: £50,974 (2016/17) |
Gross Domestic Product (GDP) in billions |
£2.3 (Forecast 2018/19) £2.2 (Preliminary Estimate 2017/18) |
Annual growth rate |
5.9% (2018/2019) |
Gross National Income (GNI) in billions |
Information not yet available |
Consumer Price Index (CPI) |
0.5% (October 2020) |
Social expenditures (e.g. food, housing, health, education, social protection, etc.) as proportion of total expenditure and GDP |
Information not yet available |
External and domestic public debt |
Domestic debt is approximately 30% of GDP. No external debt. |
Proportion of international assistance provided in relation to the State budget by sector and in relation to GNI |
0 |
Indicators on the political system |
|
Number of recognised political parties at the national level |
3: Gibraltar Socialist Labour Party (GSLP), Liberal Party of Gibraltar (Liberal), Gibraltar Social Democrats (GSD), Together Gibraltar |
Proportion of the population eligible to vote |
Information not yet available |
Proportion of non-citizen population registered to vote |
None |
Number of complaints about the conduct of elections registered, by type of alleged irregularity |
None |
Population coverage and breakdown of ownership of major media channels (electronic, print, audio, etc.) |
100% coverage. 4 privately owned printed media. 1 state owned radio & TV, BFBS Gibraltar Radio. |
Number of recognised NGOs |
Unknown – No register kept |
Distribution of legislative seats by party |
GSLP 7, Liberal 3, GSD 6, TG 1 |
Percentage of women in Parliament |
11.8% |
Proportions of national and sub-national elections held within the schedule laid out by law |
100% |
Average voter turnouts in the national and sub-national elections by administrative unit |
70% |
Indicators on crime and the administration of justice |
|
Incidence of violent death and life threatening crimes reported per 1,000 persons |
Wounding/GBH (Grievous Bodily Harm) – encouraging and assisting): 0 (0 per 1,000 persons). Wounding/GBH: 9 (0.3 per 1,000 persons). |
Number of persons and rate (per 1,000 persons) who were arrested/brought before a court convicted/sentenced/incarcerated for violent or other serious crimes (such as homicide, robbery, assault and trafficking) |
Importing Prohibited Imports (drugs): 13 (0.3 per 1,000 persons). Supply/Offering to Supply (Drugs): 0 (0 per 1,000 persons). Possession with Intent to Supply (Drugs): 0 (0 per 1,000 persons). |
Number of reported cases of sexually motivated violence (such as rape, female genital mutilation, honour crimes and acid attacks). |
Rape of a child under 13 yrs: 1 Attempted rape of a child under 13 years: 0 |
Maximum time of pre-trial detention (remand) |
Maximum: 332 days Average: 46 days |
Prison population with breakdown by offence and length of sentence |
From 1998 to 2019:average monthly prison population is between 42–43. Daily average prison population: 46 inmates (including prisoners on remand). Prison population with breakdown of offence (incl. multiple offences) as at 1 January 2020–31 December 2020: Stalking: 1 Robbery: 1 Burgulary: 21 Threats to kill: 1 Animal mistreatment: 16 Assault: 41 Entering otherwise than by border: 8 Sex related: 11 Drugs related: 45 Theft: 10 False accounting/fraud: 20 Default payment fines: 165 Destroying private property: 18 Offensive weapon: 2 Breaching COVID-19 Rules: 5 Driving under influence: 4 Unlawful possession of tobacco: 1 Assisting in illegal immigration: 1 Parole revocation:1 Witness intimidation:2 European Arrest Warrant detainees: 9 Detainees: 21 Total prisoner population for 2020 – 162 Prison population between 1st Jan–31st Dec 2020. – Breakdown by length of sentence: Less than 6 months: 78 Over 6 under 12 months: 45 Over 12 months under 4 yrs: 4 4 years and over: 2 Life: 0 |
Incidence of death in custody |
0 (in 2020) |
Number of persons executed under the death penalty per year |
0 |
Average backlog of cases per judge at different levels of the judicial system |
In the Supreme Court there is no backlog of cases but there are delays in non-urgent matters as a result of the Covid-19 pandemic. The waiting time for trials in the Supreme Court at the moment is 3 months. In the Magistrates’ Court, there is no backlog but the Court has experienced slight delays in non-urgent matters due to the Covid-19 pandemic. The waiting time for hearings at the moment is 10–12 weeks. |
Number of police/security personnel per 1,000 persons |
Prison service personnel: 67 (1.8 per 1,000 persons). Police officers: 260 (8.1 per 1,000 persons). |
Number of prosecutors and judges per 1,000 persons |
Prosecutors: 10 (0.3 per 1,000 persons). Judges: 6 (resident) and 3 (non-resident) (0.4 per 1,000 persons). |
Share of public expenditure on police/security and judiciary |
4% |
Of the accused and detained persons who apply for free legal aid, the proportion of those who receive it |
Information not yet available |
Proportion of victims compensated after adjudication, by type of crime |
Information not yet available |
B.Constitutional, political and legal structure
100.Gibraltar’s Constitution came into effect in 2007 under The Gibraltar Constitution Order 2006. The Government of Gibraltar, under the Constitution, consists of the elected Gibraltar Ministers represented in the Council of Ministers, together with the Sovereign, who is represented in Gibraltar by the Governor.
Gibraltar Parliament
101.The Legislature for Gibraltar consists of the Gibraltar Parliament and the Crown. The Gibraltar Parliament is composed of the Speaker and at least 17 Elected Members, and has the power to make laws for the peace, order and good government of Gibraltar, which are subject to the assent of the Governor acting on Her behalf.
Executive
102.Executive Authority in Gibraltar rests in the Sovereign, and save as otherwise provided in the Constitution, that authority may be exercised by the Government of Gibraltar, either directly or through public officers, as prescribed by the Constitution or by any other law.
103.Gibraltar’s Comstitution provides for a Council of Ministers, which consists of a Chief Minister,who commands the confidence of Parliament and is appointed by the Governor, and no less than four Ministers. The elected Government of Gibraltar is responsible for all matters except for the conduct of external affairs, defence, internal security and certain appointments for public office which under the Constitution remain the responsibility of the Governor. There were a total of nine elected Ministers in 2021, including a Chief Minister, a Deputy Chief Minister and seven other Ministers covering the different areas for which the Government of Gibraltar has responsibility.
Judiciary and the administration of justice
104.The judicial system of Gibraltar is based entirely on the English system, except for minor modifications which are required because of its peculiarities. There is a Magistrates’ Court presided over by a Stipendiary Magistrate or, in his absence, by lay Magistrates. The Supreme Court of Gibraltar has a criminal jurisdiction similar to that of the English Crown Court, and a civil jurisdiction which is equivalent to that of the English High Court. There is also a Court of Appeal for Gibraltar, which is not resident, but holds three sessions each year. The Justices of Appeal are in the main, drawn from the English Court of Appeal or Privy Council. In the Supreme Court, criminal trials are by jury whilst in civil cases Judges usually sit alone. There are four Judges, one of whom is the Chief Justice, and so, head of the Judiciary. Appeals from the Court of Appeal are to the JCPC in London.
105.The legally qualified Registrar of the Supreme Court also holds the office of Admiralty Marshal. The admiralty jurisdiction of the Supreme Court of Gibraltar is known in the shipping world internationally, and deals with a considerable volume of work.
NGOs
106.NGOs are recognised, established and valued in Gibraltar. The established NGOs in Gibraltar include: AFH (Action for Housing); the GHT (Gibraltar Heritage Trust); GOHNS (Gibraltar Ornithological and Natural History Society); and ESG (Environmental Safety Group).
II.General framework for the protection and promotion of human rights
A.Acceptance of international human rights norms
107.The following main international instruments have been extended to Gibraltar.
Main United Nations international human rights conventions and protocols
•ICERD; ICCPR; ICESCR; CAT.
Other United Nations human rights and related conventions
•Convention on the Prevention and Punishment of the Crime of Genocide; Convention relating to the Status of Stateless Persons; Convention on the Reduction of Statelessness; United Nations Convention against Transnational Organized Crime; United Nations Convention for the suppression of terrorist financing.
Conventions of the International Labour Organization
•C002 – Unemployment Convention 1919; C005 – Minimum Age (Industry) Convention; C011 – Right of Association (Agriculture) Convention 1921; C012– Workmen’s Compensation (Agriculture) Convention, 1921; C17 – Workmen’s Compensation (Accidents) Convention 1925; C019 Equality of Treatment (Accident Compensation) Convention 1925; C029 – Forced Labour Convention; CO35 – Old–Age Insurance (Industry etc.) Convention; CO39 – Survivor’s Insurance (Industry etc.) Convention; C042 – Workmen’s Compensation (Occupational Diseases) Convention (Revised) 1934; C044 – Unemployment Provision Convention; C045 – Underground Work (Women) Convention; C059 – Minimum Age (Industry) Convention 1937 (Revised); C081 – Labour Inspection Convention; C087 – Freedom of Association and Protection of the Right to Organise Convention; C098 – Right to Organise and Collective Bargaining Convention; C100 – Equal Remuneration Convention; C105 – Abolition of Forced Labour Convention; C108 – Seafarer’s Identity Documents Convention 1958; C135– Worker’s Representatives Convention 1971; C142 – Human Resources Development Convention; C150 – Labour Administration Convention; C151 – Labour Relations (Public Service) Convention; C160 – Labour Statistics Convention ; Maritime Labour Convention 2006.
Conventions of the United Nations Educational, Scientific and Cultural Organization
•Convention against Discrimination in Education.
Conventions of the Hague Conference on Private International Law
•Convention on the Recognition of Divorces and Legal Separations 1970; Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children of 19 October 1996, Hague Convention on Choice of Courts Agreements 2005, Convention on the International Recovery of Child Support and Other Forms of Family Maintenance.
Geneva Conventions and other treaties on international humanitarian law
•Geneva 1; Geneva 2: Geneva 3; Geneva 4.
Regional human rights instruments
•ECHR; European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment.
B.Legal framework for the protection of human rights at the national level
108.Chapter I (“Protection of Fundamental Rights and Freedoms”) of the 2006 Constitution of Gibraltar protects human rights (including combating discrimination) at statutory level. Under s.16 of the Constitution, any person may apply to the Supreme Court if he/she considers that the provisions in Chapter I have been breached.
C.Framework within which human rights are promoted at the national level
109.See section D. Furthermore, in Gibraltar there are pressure groups, not affiliated to political parties, that promote and provide information and support on human rights and non-discrimination issues. These groups include: Gibraltar Women’s Association; Equality Rights Group (GGR); Environmental Safety Group (ESG); and the Gibraltar Local Disability Movement (GLDM); Voice of Gibraltar Group; Integration with Britain Movement; Gibraltar Citizens Advice Bureau; Civil Union of Students and Parents (CUSP); Mental Welfare Society; No More Shame; Pro-Choice Movement; Pro-Life Movement; Gibraltar Dyslexia Support Group; Parental Support Group; Dignity Gibraltar; Women in Need; Women’s Aid.
III.Information on non-discrimination and equality and effective remedies
110.See section D. Further legislation on combating discrimination, such as the Equal Opportunities Act 2006, complements the human rights and anti-discrimination legal framework in Gibraltar.
111.There is no discrimination against other nationalities in Gibraltar in respect of human rights or worker rights. Gibraltar is also compliant with bilateral agreements, such as the bilateral agreement between the EU and Morocco relating to the rights of Moroccan workers in the EU, and also with all EU laws relating to the rights of non-EU workers and citizens in the EU.
112.Gibraltar left the European Union on 31 January 2020, together with the United Kingdom, and a period of transition came to an end on 31 December 2020. The rights of European Union citizens who live and work in Gibraltar have been fully protected under the Withdrawal Agreement between the EU and the UK, in the same way as have the rights of British Citizens, including Gibraltarians, who lived and worked in the EU prior to that date. The UK-EU Withdrawal Agreement was given effect to in Gibraltar by the European Union (Withdrawal Agreement) Act which was adopted by the Gibraltar Parliament. An Independent Monitoring Authority was established in 2020 in order to review the effective implementation of the citizens’ rights aspects of the Withdrawal Agreement in the United Kingdom and in Gibraltar.
113.Under the European Union (Withdrawal) Act 2019, the supremacy of EU law in Gibraltar ended on exit day, although Gibraltar has voluntarily retained EU law as part of its domestic legislation. There have therefore been no changes with respect to the rights of new workers who entered the labour market on or after 1 January 2021, pending the conclusion of an agreement between the United Kingdom and the European Union on Gibraltar’s future relationship with the EU. This means that the legal framework at this time remains the same until at least June 2021 when it is expected that the proposed new Treaty may be concluded. On 31 December 2020, Gibraltar, the United Kingdom and Spain announced agreement on a framework for that proposed new UK-EU Treaty which included provision for citizens’ rights.
Montserrat
I.General information
A.Demographic, economic, social and cultural characteristics
Demographic indicators |
|
Population size |
4,649 (2018) Male: 2,306 Female: 2,343 |
Population growth rate |
-0.76 (annual growth rate from May 2011 to Sept 2018) |
Population density (people per sq km) |
300 (2018) (based on inhabitable area of 30.1 sq km) |
Population distribution by mother tongue |
Information not yet available |
Population distribution by religion |
As in September 2018: (enumerated population) Anglican: 806 (406 M; 400 F) Church of God: 305 (136 M; 169 F) Church of Christ: 21 (9 M; 12 F) Evangelical: 5 (5 M; 10 F) Hindu: 56 (31 M; 25 F) Jehovah Witness: 47 (24 M; 23 F) Methodist: 635 (318 M; 317 F) Pentecostal/Full Gospel: 736 (331 M; 405 F) Rastafarian: 66 (54 M; 12 F) Roman Catholic: 522 (229 M; 393 F) Seventh Day Adventist: 522 (307 M; 378 F) Other: 362 (116 M; 126 F) No religion: 362 (251 M; 111 F) Do not know: 17 (13 M; 4 F) Not stated: 51 (26 M; 25 F) |
Population distribution by ethnic groups |
In March 2012: African/Black: 1963 M; 1971 F; Tot. 3934 East Indian/Indian: 40 M; 32 F; Tot. 72 Caucasian/White: 67 M; 58 F; Tot. 125 Mixed: 95 M; 122 F; Tot. 217 Hispanic/Spanish: 44 M; 93 F; Tot. 137 Other: 47 M; 34 F; Tot. 81 Total: 2256 M; 2310 F; Tot. 4566 |
Age-composition |
In September 2018: (Total Population) Age groups M F T 0–4 Years113122235 5–9 Years144158302 10–14 Years156160316 15–19 Years130137267 20–24 Years142107249 25–29 Years140143283 30–34 Years152181333 35–39 Years127163290 40–44 Years148173321 45–49 Years156183339 50–54 Years183179362 55–59 Years163158321 60–64 Years166125291 65–69 Years14592237 70–74 Years108104212 75–79 Years6355118 80–84 Years404484 85+ Years305989 Total 2 306 2 343 4 649 |
Dependency ratio – Percentage of population under 15 |
28% (2018) |
Dependency ratio – Percentage of population over 65 |
24% (2018) |
Birth rate (per 1,000 population) |
9.64 (2018) |
Infant mortality rate – number of deaths of children aged under 1 year per 1,000 live births |
0 (2018) |
Death rate – per 1,000 population |
8.14 (2018) |
Males |
Information not yet available |
Females |
Information not yet available |
Life expectancy – years at birth |
|
Men |
78 (2018) |
Women |
83 (2018) |
Total fertility rate – children per woman |
1.56 (2011) |
Average household size |
2.1 (2018 ICC/LFC) |
Proportion of single-parent households |
Information not yet available But the proportion of household headed by women (2018) is: 41% |
Social, economic and cultural indicators |
|
Share of (household) consumption expenditures on food, housing, health and education |
Information not yet available |
Proportion of population below the national poverty line |
Information not yet available |
Proportion of population below the minimum level of dietary consumption |
Information not yet available |
Gini coefficient (relating to distribution of income) |
Information not yet available |
Prevalence of underweight childrenunder 4‑5 |
Information not yet available |
Infant and maternal mortality rates (per 1,000 live births) |
0 (in 20182) |
Percentage of women of child/bearing age using contraception or whose partner is using contraception |
Information not yet available |
Medical termination of pregnancy as proportion of live births |
Information not yet available |
Rates of infection of HIV/AIDS and major communicable diseases |
Information not yet available |
Prevalence of major communicable and non-communicable diseases |
Information not yet available |
Ten major causes of death |
In 2018: Diabetes: 5Ischemic Heart Disease: 6Cerebrovascular accident: 7Cancer of liver: 0Squamous cell carcinoma/Sarcoma: N/ACancer of Prostate: 1Cancer of Lung: 1Heart Failure: 4Hypertensive heart disease: 2 |
Net enrolement ratio in primary and secondary education |
Information not yet available |
Attendance and drop-out rates in primary and secondary education |
Information not yet available |
Teacher-student ratio in public funded schools |
Pupil – Teacher Ratio – 10:1 (2018) |
Literacy rates (adult) |
Information not yet available |
Unemployment rate |
In 2018: 6.5% (7.2% M; 5.8% F) |
Employment by major sectors of economic activity, including formal and informal sectors |
In September 2018: Agriculture Hunting & Forestry: 94 Fishing: 20 Mining & Quarrying: 40 Manufacturing: 42 Electricity/Gas/Water Supply: 79 Construction: 243 Wholesale & Retail Trade: 286 Hotels & Restaurants: 145 Transport Storage and Communication: 145 Financial Intermediation: 86 Real estate Renting & Business Activities: 72 Public Administration & Defence Compulsory Social Security: 617 Education: 164 Health & Social Work: 209 Other Community Social and Personal Service Activities: 144 Activities of Private households as employers of Undifferentiated: 110 Don’t know: 2 Not Stated: 26 Not Applicable: 3 Total: 2527 |
Work participation rates |
Labour Force Pariticpation Rate (2018) 89.4% |
Proportion of work force registered with trade unions |
Information not yet available |
Per capita income |
Information not yet available |
Gross Domestic Product (GDP) |
EC$ 178.17 millions (in 2019p) |
Annual growth rate |
3.48 (2019p) |
Gross National Income (GNI) in billions |
EC$ 184.62 millions (in 2019) |
Consumer Price Index (CPI) |
In December 2019 (2014 = 100): 100.37 |
Social expenditures (e.g. food, housing, health, education, social protection, etc.) as proportion of total expenditure and GDP |
Information not yet available |
External and domestic public debt |
Up to June 2019: EC$ 19.80m (external debt); EC $4.00m (domestic debt) |
Proportion of international assistance provided in relation to the State budget by sector and in relation to GNI |
Information not yet available |
Indicators on the political system |
|
Number of recognised political parties at the national level |
Four MCAP – Movement for Change and Prosperity; PDM – People’s Democratic Movement; MULP – Montserrat United Labour Party; MNC – Montserrat National Congress) |
Proportion of the population eligible to vote |
85% based on nnumber of registered voters against total population figure as at 2018 LFC |
Proportion of non-citizen population registered to vote |
Information not yet available |
Number of complaints about the conduct of elections registered, by type of alleged irregularity |
No contest |
Population coverage and breakdown of ownership of major media channels (electronic, print, audio, etc.) |
One radio station (Government) Two newspaper (private ) Alliguana Express Montserrat Reporter Three Digital media platforms |
Number of recognised NGOs |
Four (registered as Friendly Societies) |
Distribution of legislative seats by party |
MCAP = 5 PDM = 3 Independants = 1 |
Percentage of women in Parliament |
25% (3 posts of 12) |
Proportions of national and sub-national elections held within the schedule laid out by law |
(Only national elections held in Montserrat) 100% held within schedule |
Average voter turnouts in the national and sub-national elections by administrative unit |
62% voter turnout (actual) |
Indicators on crime and the administration of justice |
|
Incidence of violent death and life threatening crimes reported per 100,000 persons |
Information not yet available But see information below. |
Number of persons and rate (per 100,000 persons) who were arrested/brought before a court convicted/sentenced/incarcerated for violent or other serious crimes (such as homicide, robbery, assault and trafficking) |
Information not yet available But the number of serious crimes in 2019 were: Homicide0 Manslaughter0 Attempted Murder0 Wounding5 Assault50 Sexual Offence/Rape4 Robbery0 Burglary27 Attempted Burglary5 Theft34 Domestic Violence1 Offences Under Criminal Damage- Excluding Arson – Indictable10 Arson 0 Dangerous Drugs45 Cannabis Sativa Plants Unrooted1 939 Minor Offences & Contraventions435 not already Enumerated Total 2 555 |
Number of reported cases of sexually motivated violence (such as rape, female genital mutilation, honour crimes and acid attacks). |
See information above |
Maximum time of pretrial detention (remand) |
3–6 months |
Prison population with breakdown by offence and length of sentence |
30 prisoners in prison (remanded, 2019). Sentences from 3 months, to “detained at Her Majesty’s pleasure”. |
Incidence of death in custody |
0 |
Number of persons executed under the death penalty per year |
0 |
Average backlog of cases per judge at different levels of the judicial system |
Information not yet available |
Number of police/security personnel per 1,000 persons |
28 firefighters, 75 police officers (including Crime and Analysis), 14 – Border Security (2019) |
Number of prosecutors and judges per 1,000 |
0.2 (1 regional judge) |
Share of public expenditure on police/security and judiciary |
Information not yet available |
Of the accused and detained persons who apply for free legal aid, the proportion of those who receive it |
No legal aid system in place |
Proportion of victims compensated after adjudication, by type of crime |
No compensation system in place |
B.Constitutional, political and legal structure
114.A new Constitution was enacted through The Monserrat Constitution Order 2010.
Legislative Assembly
115.The Legislative Assembly consists of nine elected members and two ex officio members, namely the Attorney-General and the Financial Secretary.
Executive
116.Executive authority is vested in the Sovereign and is exercised on Her behalf by HM Governor. The Cabinet consists of a Premier, three other Ministers (all appointed by the Governor) and two ex officio members (the Attorney-General and the Financial Secretary). The Cabinet has the general direction and control of the government of Montserrat and is collectively responsible for it to the Legislative Assembly.
Judiciary and the administration of justice
117.The courts in Montserrat are: the Magistrate’s Court (local); and the ECSC (which includes the High Court and the Court of Appeal). Final appeals are heard by the JCPC in London.
NGOs
118.There are four registered (as “Friendly Societies”) NGOs in Montserrat.
II.General framework for the protection and promotion of human rights
A.Acceptance of international human rights norms
119.The following main international instruments have been extended to Montserrat.
Main United Nations international human rights conventions and protocols
•ICERD; ICCPR; ICESCR; CAT; CRC.
Other United Nations human rights and related conventions
•Convention relating to the Status of Refugees (and its 1967 Protocol); Convention on the Reduction of Statelessness; Rome Statute of the International Criminal Court.
Conventions of the International Labour Organization
•C087 – Freedom of Association and Protection of the Right to Organise Convention; C097 – Migration for Employment Convention (Revised); C098 – Right to Organise and Collective Bargaining Convention; C102 – Social Security (Minimum Standards) Convention; C105 – Abolition of Forced Labour Convention.
Conventions of the United Nations Educational, Scientific and Cultural Organization
•Convention against Discrimination in Education.
Conventions of the Hague Conference on Private International Law
•Convention on the Civil Aspects of International Child Abduction.
Geneva Conventions and other treaties on international humanitarian law
•Geneva 1; Geneva 2: Geneva 3; Geneva 4; Protocol 1; Protocol 2; Protocol 3; Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction.
Regional human rights instruments
•ECHR.
B.Legal framework for the protection of human rights at the national level
120.Part I (“Fundamental Rights and Freedoms of the Individual”) of The Montserrat Constitution Order 2010 protects human rights (including combating discrimination) at statutory level. Under s.20 of the Constitution, any person may apply to the High Court if he/she considers that the provisions in Part I have been breached.
C.Framework within which human rights are promoted at the national level
121.See section B.
III.Information on non-discrimination and equality and effective remedies
122.See section B.
Pitcairn, Henderson, Ducie and Oeno
I.General information
A.Demographic, economic, social and cultural characteristics
Demographic indicators |
|
Population size |
38 |
Population growth rate |
0 |
Population density (people per sq km) |
7.53 |
Population distribution by mother tongue |
Information not yet available |
Population distribution by religion |
Information not yet available |
Population distribution by ethnic groups |
Information not yet available |
Age-composition |
Information not yet available |
Dependency ratio – Percentage of population under 15 |
13% |
Dependency ratio – Percentage of population over 65 |
24% |
Birth rate |
Information not yet available |
Infant mortality rate |
Information not yet available |
Death rate |
Information not yet available |
Males |
Information not yet available |
Females |
Information not yet available |
Life expectancy – years at birth |
|
Men |
85.5 |
Women |
85.5 |
Total fertility rate – children per woman |
2.3 |
Average household size |
4 |
Proportion of single-parent households |
11% |
Social, economic and cultural indicators |
|
Share of (household) consumption expenditures on food, housing, health and education |
Information not yet available |
Proportion of population below the national poverty line |
0 |
Proportion of population below the minimum level of dietary consumption |
0 |
Gini coefficient (relating to distribution of income) |
Information not yet available |
Prevalence of underweight childrenunder 4‑5 |
0 |
Infant and maternal mortality rates(per 1,000 live births) |
Information not yet available |
Percentage of women of child/bearing age using contraception or whose partner is using contraception |
Information not yet available |
Medical termination of pregnancy as proportion of live births |
0 |
Rates of infection of HIV/AIDS and major communicable diseases |
0 |
Prevalence of major communicable and non-communicable diseases |
Asthma 26% Type II Diabetes 20% Hypertension 16% Ischaemic Heart Disease 6% |
Ten major causes of death |
StrokeHeart attackAccident |
Net enrolement ratio in primary and secondary education |
100% |
Attendance and drop-out rates in primary and secondary education |
0% |
Teacher-student ratio in public funded schools |
1:3 |
Literacy rates (adult) |
100% |
Unemployment rate |
0 – all those of working age (16-65 yrs) are employed. |
Employment by major sectors of economic activity, including formal and informal sectors |
Information not yet available |
Work participation rates |
100% |
Proportion of work force registered with trade unions |
0 (no trade unions on Pitcairn). |
Per capita income |
Information not yet available |
Gross Domestic Product (GDP) |
Information not yet available |
Annual growth rate |
Information not yet available |
Gross National Income (GNI) |
Information not yet available |
Consumer Price Index (CPI) (July-July 12 month average) |
Information not yet available |
Social expenditures (e.g. food, housing, health, education, social protection, etc.) as proportion of total expenditure and GDP |
Information not yet available |
External and domestic public debt |
Pitcairn is on budgetary aid so it cannot incur debt. |
Proportion of international assistance provided in relation to the State budget by sector and in relation to GNI |
93% of Pitcairn’s economy comes from external support from the UK Government. |
Indicators on the political system |
|
Number of recognised political parties at the national level |
0 |
Proportion of the population eligible to vote |
81% |
Proportion of non-citizen population registered to vote |
31% |
Number of complaints about the conduct of elections registered, by type of alleged irregularity |
0 |
Population coverage and breakdown of ownership of major media channels (electronic, print, audio, etc.) |
Information not yet available |
Number of recognised NGOs |
0 (no NGOs on Pitcairn). |
Distribution of legislative seats by party |
Not applicable |
Percentage of women in Parliament |
Not applicable |
Proportions of national and sub-national elections held within the schedule laid out by law |
100% (local Island Council) |
Average voter turnouts in the national and sub-national elections by administrative unit |
100% (voting is compulsory) |
Indicators on crime and the administration of justice |
|
Incidence of violent death and life threatening crimes reported |
0 |
Number of persons and rate who were arrested/brought before a court convicted/sentenced/incarcerated for violent or other serious crimes (such as homicide, robbery, assault and trafficking) |
0 |
Number of reported cases of sexually motivated violence (such as rape, female genital mutilation, honour crimes and acid attacks). |
0 [in 2020] |
Maximum time of pre-trial detention (remand) |
Information not yet available |
Prison population with breakdown by offence and length of sentence |
0 |
Incidence of death in custody |
0 |
Number of persons executed under the death penalty per year |
0 |
Average backlog of cases per judge at different levels of the judicial system |
0 |
Number of police/security personnel (as proportion of the population) |
2/38 |
Number of prosecutors and judges (as proportion of the population) |
Information not yet available |
Share of public expenditure on police/security and judiciary |
Information not yet available |
Of the accused and detained persons who apply for free legal aid, the proportion of those who receive it |
100% |
Proportion of victims compensated after adjudication, by type of crime |
Information not yet available |
B.Constitutional, political and legal structure
123.Pitcairn is a British Overseas Territory, comprising the islands of Pitcairn, Ducie, Henderson, and Oeno. Only Pitcairn Island is inhabited. A new Constitution was enacted through The Pitcairn Constitution Order 2010.
Legislature
124.Legislative power resides with the Governor, who is appointed by the UK Government. Under s 36(1) of the Constitution, the Governor, acting after consultation with the Island Council, may make laws for the peace, order and good government of Pitcairn. Subsection (2) provides that, in enacting laws, the Governor is not obliged to act in accordance with the advice of the Island Council. But in any case where the Governor acts contrary to the advice of the Council any member of the Council has the right to submit his/her views on the matter to a Secretary of State (of the UK Government).
Executive
125.Executive authority is vested in the Sovereign, and is exercised on Her behalf by HM Governor, either directly or through officers subordinated to the Governor. Executive power must be exercised subject to the Constitution (s.33). The Governor of Pitcairn resides in New Zealand, and is represented on the Island by the Governor’s Representative, a UK diplomatic posting. A Deputy Governor and administrative staff also reside in New Zealand and attend to Pitcairn administration in conjunction with the Island Council.
126.The Island Council (s.34 of the Constitution) is constituted by the Local Government Ordinance. It is an elected body, made up of a Mayor, Deputy Mayor and five Councillors. The right to vote and to stand for office is restricted to persons who have the Right of Abode on Pitcairn, or who have three years residency, along with spouses and de facto spouses of such persons (see s.11 Local Government Ordinance). In practice the Governor involves the Island Council in decision-making while retaining executive authority. Members of the Island Council are assigned, by the Mayor, responsibility for portfolios corresponding to the areas of government activity (e.g. biosecurity, natural resources, immigration, legal). The Pitcairn Island Attorney General is the principal legal adviser to the government of Pitcairn. He/she holds office for a term of years specified in the appointment, or until a defined retirement age (s.35 of the Constitution). The present Attorney-General is appointed from, and resides in, New Zealand.
Judiciary and the administration of justice
127.The Pitcairn courts are:
•The Magistrates’ Court – An Island Magistrate exercises a limited civil and criminal jurisdiction. The Island Magistrate resides on the Island. All the remaining members of the judiciary, specified below, reside in New Zealand. They attend the Island or preside over hearings by video link as required. There are further (“off-Island”) Magistrates, in New Zealand, who are senior New Zealand lawyers.
•The Supreme Court –S the Chief Justice and Justices of the Supreme Court reside in New Zealand and attend to Pitcairn matters when required. The Supreme Court has an unlimited jurisdiction, and also hears appeals from the Magistrate’s Court. The current Chief Justice and Supreme Court justices are also judges in the New Zealand judicial system, and (with assent from the New Zealand Government) undertake Pitcairn judicial duties as and when required.
•The Pitcairn Court of Appeal – the Pitcairn Court of Appeal comprises the President and two or more Justices of Appeal. The judges of the Court of Appeal reside in New Zealand. Final appeals are heard by the JCPC in London.
128.Magistrates are appointed by the Governor. Justices of the Supreme Court and Court of Appeal, and the Chief Justice and President, are appointed by the Governor on instructions from a Secretary of State.
129.A bilateral treaty between the UK and New Zealand allows the Governor of Pitcairn to request permission for Pitcairn criminal trials to be heard in New Zealand (by Pitcairn judges, under Pitcairn law). In practice, Pitcairn trials involving offenders on the Island have been heard by judges travelling to the Island. Pre-trial applications and appeals have been heard in New Zealand.
II.General framework for the protection and promotion of human rights
A.Acceptance of international human rights norms
130.The following main international instruments have been extended to the Pitcairn Islands.
Main United Nations international human rights conventions and protocols
•ICERD; ICCPR; ICESCR; CAT; CRC.
Other United Nations human rights and related conventions
•Convention on the Prevention and Punishment of the Crime of Genocide; Rome Statute of the International Criminal Court.
Geneva Conventions and other treaties on international humanitarian law
•Geneva 1; Geneva 2: Geneva 3; Geneva 4; Protocol 1; Protocol 2; Protocol 3; Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction.
B.Legal framework for the protection of human rights at the national level
131.Human rights are protected by a legal system comprising independent courts operating under the Constitution (Part 2 “Fundamental Rights and Freedoms of the Individual”) that sets out fundamental rights drawn from the ECHR. The Constitution also includes a right to protection of the environment, and to just administrative action, these being rights drawn from other sources. In addition to the rights in the Constitution, the rights that inhere in the common law of England are fully applicable on Pitcairn. Under s.42 of the Constitution, the law of Pitcairn comprises the common law of England for the time being together with English statutes of general application so far as the local circumstances and limits of local jurisdiction permit. The Governor has acted on the basis that the rights set out in the Human Rights Act 1998 (in the UK) also apply on Pitcairn, although since 2010 the same rights are now replicated in the Pitcairn Constitution which came into force in that year.
132.An Ombudsman was appointed in 2013. The Ombudsman is empowered to hear complaints about government administration affecting a person’s rights. At the request of the Island Council a UK-based Ombudsman was appointed.
133.There are no legally trained persons on Pitcairn Island. When there is a need for legal representation in criminal trials, this is provided by New Zealand-based lawyers who have sought admission to the Pitcairn bar. Admission to the bar is equally available to lawyers in other Commonwealth countries. There is a Pitcairn Public Defender who provides representation at no cost.
134.At the time of this report, a proposal is in train for the appointment of a New Zealand-based “community lawyer” – that is, a New Zealand lawyer who is available to receive emails and inquiries from Pitcairn Islanders and to offer legal advice of the type that, in a larger society, might be offered by a community law centre.
C.Framework within which human rights are promoted at the national level
135.In co-operation with the Island Council and with assistance from the Commonwealth Foundation, a plain English booklet is being produced to explain the human rights protections that operate in Pitcairn law. A designated member of the Island Council holds the Human Rights portfolio.
III.Information on non-discrimination and equality and effective remedies
136.The Constitution contains provisions against discrimination. It should also be noted that there is no private sector employment in Pitcairn, with the workforce being either self-employed or holding (part-time) positions in the Government of Pitcairn.
St Helena, Ascension, and Tristan da Cunha
I.General information
A.Demographic, economic, social and cultural characteristics
Demographic indicators |
|
Population size |
4,564 (estimated on-island populations, mid-2020) |
Population growth rate |
0.1% (average annual growth rate of mid-year on-island population, 2016) |
Population density (people per sq km) |
37.7 (estimated from on-island population mid-2020) |
Population distribution by mother tongue |
English is the mother tongue |
Population distribution by religion |
Christian: 85.5% Other: 0.5% No religion: 4.7% Religion not stated: 9.3% (2016 Census) |
Population distribution by ethnic groups |
Not available |
Age-composition |
Information not yet available |
Dependency ratio – Percentage of population under 15 |
13.6% (2016 Census) |
Dependency ratio – Percentage of population over 65 |
20.7% (2016 Census) |
Birth rate (per 1,000 population) |
8.4 (2019, based on births in previous five years) |
Infant mortality rate – number of deaths of children aged under 1 year per 1,000 live births |
Not available (population is too small for a relevant calculation to be made |
Death rate – per 1,000 population |
13 (2019, based on deaths in previous ten years) |
Males |
14 (2019, based on deaths in previous ten years) |
Females |
11 (2019, based on deaths in previous ten years) |
Life expectancy – years at birth |
77.4 (2019, based on deaths in previous ten years) |
Men |
74.5 (2019, based on deaths in previous ten years) |
Women |
81.0 (2019, based on deaths in the previous ten years) |
Total fertility rate – children per woman |
Information not available |
Average household size |
2.4 Census, 2016 |
Proportion of single-parent households |
Not available |
Social, economic and cultural indicators |
|
Share of (household) consumption expenditures on food, housing, health and education |
48.3% (2017 Household Ecpenditure Survey) |
Proportion of population below the national poverty line |
Information not yet available |
Proportion of population below the minimum level of dietary consumption |
Information not yet available |
Gini coefficient (relating to distribution of income) |
Information not yet available |
Prevalence of underweight childrenunder 4‑5 |
Less than 1% |
Infant and maternal mortality rates (per 1,000 live births) |
Not available (population is too small for a relevant calculation to be made) |
Percentage of women of child/bearing age using contraception or whose partner is using contraception |
Information not yet available |
Medical termination of pregnancy as proportion of live births |
Information not available |
Rates of infection of HIV/AIDS and major communicable diseases |
Not available. There are no active infections from the SARS-2/COVID-19 virus on any of the islands at November 2020 |
Prevalence of major communicable and non-communicable diseases |
Information not yet available |
Ten major causes of death |
Cancer; Heart Disease; Stroke; Respiratory Illnesses; Vascular Disease (1994-2009, five major causes only due to small population) |
Net enrolement ratio in primary and secondary education |
100% |
Attendance and drop-out rates in primary and secondary education |
Information not yet available |
Teacher-student ratio in public funded schools |
11 (2018/19) |
Literacy rates (adult) |
Not available |
Unemployment rate |
2.8% (2016 Census) |
Employment by major sectors of economic activity, including formal and informal sectors |
Agriculture and forestry: 77 Fishing: 35 Quarrying: 8 Electricity and water supply: 71 Construction: 520 Wholesale and retail trade: 424 Transport and storage: 81 Accomodation and food services: 102 Information and communication: 67 Finance and insurance services: 57 Business services: 167 Public sector, including health and education: 812 Community and personal services: 139 Other: 56 Not known: 22 Total employed: 2, 638 (2016 Census) |
Work participation rates |
Information not yet available |
Proportion of work force registered with trade unions |
There are no trade unions |
Per capita income |
Median annual wage from full-time employment: £8,410 (2018/19) Gross National income per capita: £7,960 (2018/19) |
Gross Domestic Product (GDP) |
£38.6 million (2018/19 market prices) |
Annual growth rate |
-1.1% (2018/19) |
Gross National Income (GNI) |
£37.3 million (2018/19) |
Consumer Price Index (CPI) |
Q3 2020: 106.4 (2018 Q1 = 100) Average annual inflation rate, 2019: 3.3% |
Social expenditures (e.g. food, housing, health, education, social protection, etc.) as proportion of total expenditure and GDP |
Information not yet available |
External and domestic public debt |
There is no public debt |
Proportion of international assistance provided in relation to the State budget by sector and in relation to GNI |
Official Development Assistance (ODA): £51.0 million (2018. Source: OECD) |
a. As percentage of total government expenditure in 2018/19: 87.4% b. As percentage of Gross National Income in 2018/19: 136.8% Note that ODA figures include payments for large infrastructuire projects, and are subject to significant year-to-year variation |
Indicators on the political system |
|
Number of recognised political parties at the national level |
0 |
Proportion of the population eligible to vote |
76.4% (2016 Census) |
Proportion of non-citizen population registered to vote |
Information not yet available |
Number of complaints about the conduct of elections registered, by type of alleged irregularity |
0 |
Population coverage and breakdown of ownership of major media channels (electronic, print, audio, etc.) |
Information not yet available |
Number of recognised NGOs |
Information not yet available |
Distribution of legislative seats by party |
12 legislative council members, elected independently – no party structure. |
Percentage of women in Parliament |
21% (includes position of Deputy Speaker and elected members – officals not taken into account) |
Proportions of national and sub-national elections held within the schedule laid out by law |
100% |
Average voter turnouts in the national and sub-national elections by administrative unit |
49% (2017 General Election) |
Indicators on crime and the administration of justice |
|
Incidence of violent death and life threatening crimes reported per 1,000 persons |
0 |
Number of persons and rate (per 1,000 persons) who were arrested/brought before a court convicted/sentenced/incarcerated for violent or other serious crimes (such as homicide, robbery, assault and trafficking) |
Five year average: 2014–2019: Homocide: 0 Assault: 23 per year (5 per 1,000 persons) Drugs Trafficking: 0.2 (0.04 per 1,000) |
Number of reported cases of sexually motivated violence (such as rape, female genital mutilation, honour crimes and acid attacks). |
Five year average: 2014–2019: Rape: 5.8 per year Sexual Assault: 7.2 per year Female genitale mutilation/Honour Crime/Acid Attack – 0 |
Maximum time of pre-trial detention (remand) |
Information not available |
Prison population with breakdown by offence and length of sentence |
Prison population as of November 2020: 1 on remand (1Violence) 5 serving sentences of 12 months and under: (Sexual activity with a child aged 14 years; making annoying telephone calls; inciting a child to engage in sexual activity; burglary; driving without insurance/valid driving licence/dangerous driving) 2 prisoners servings terms between 12 months to 2 years (affray/common assault/bladed article; Child Abduction/burglary) 5 prisoners serving sentences over 3 years – 10 years (sexual activity with a child, Indecent Assault/Sexual Assault/Attempted Rape, Sexual activity with a child/inciting a child to engage in sexual activity; escape from lawful custody/wounding with intent/common assault; assault with intent to rob) 1 prisoner serving a sentence of over 10 years (possession of firearms/ammunition without a licence/making indecent photographs of children/indecent assault) 1 prisoner serving a life sentence (sexual assault of a child under 13/sexual activity with a child family member/rape of a girl under the age of 13/assault occasioning ABH/cruelty to a child/incest of girl under 13) |
Incidence of death in custody |
0 |
Number of persons executed under the death penalty per year |
0 |
Average backlog of cases per judge at different levels of the judicial system |
0 |
Number of police/security personnel per 1,000 persons |
5.3 |
Number of prosecutors and judges per 1,000 |
Prosecutors: 0.2 Judges: 0.2 (1 non-resident Chief Justice who visits on average twice a year for 2–4 weeks but also sits remotely when required); 1 resident Chief Magistrate who either sits alone or with Lay Justices); four additional Court of Appeal Judges who can be called from over-seas when required). |
Share of public expenditure on police/security and judiciary |
7% (source: 2018/19 SHG budget estimates) |
Of the accused and detained persons who apply for free legal aid, the proportion of those who receive it |
100% |
Proportion of victims compensated after adjudication, by type of crime |
Animal Crime: 100% Damage and Loss incidents: 100% |
B.Constitutional, political and legal structure
137.A new Constitution was enacted through The St Helena, Ascension and Tristan da Cunha Constitution Order 2009.
Legislature
138.The Legislative Council of St Helena consists of a Speaker and a Deputy Speaker, twelve Elected Members, and three ex officio Members (the Chief Secretary, the Financial Secretary and the Attorney General).
139.In Ascension and Tristan da Cunha, the Governor, acting after consultation with the two Island Councils, may make laws.
Executive
140.In St Helena, executive authority is vested in the Sovereign and is exercised on Her behalf by HM Governor. But the Governor is, in most matters, required to consult the Executive Council and to act in accordance with its advice. The Executive Council comprises the three Ex Officio members (who do not have a vote) and five Elected Members. The Elected Members are elected by the 12 Elected Members of Legislative Council, from amongst themselves.
141.In Ascension and Tristan da Cunha, executive authority is exercised by the Governor or the Governor’s Administrator.
Judiciary and the administration of justice
142.In St Helena, apart from the Magistrates’ Court, the Constitution provides for a Supreme Court and a Court of Appeal (which also cover Ascension and Tristan da Cunha), and allows for local laws to create subordinate courts. Final appeals are heard by the JCPC in London.
II.General framework for the protection and promotion of human rights
A.Acceptance of international human rights norms
143.The following main international instruments have been extended to St Helena, Ascension and Tristan da Cunha.
Main United Nations international human rights conventions and protocols
•ICERD; ICCPR; ICESCR; CAT; CRC.
Other United Nations human rights and related conventions
•Convention on the Prevention and Punishment of the Crime of Genocide; Convention relating to the Status of Refugees (and its 1967 Protocol); Convention relating to the Status of Stateless Persons; Convention on the Reduction of Statelessness; Rome Statute of the International Criminal Court.
Conventions of the International Labour Organization
•C005 – Minimum Age (Industry) Convention; C007 – Minimum Age (Sea) Convention; C008 - Unemployment Indemnity (Seawreck) Convention; C010 – Minimum Age (Agriculture) Convention; C011 – Right of Assocaition (Agriculture) Convention; C012 – Workem’s Compensation (Agriculture) Convention; C014 Weekly Rest (Industry) Convention; C016 Medical Examination of Young Persons (Sea) Convention; C017 Workmen’s Compentaion (Accidents) Convention; C019 Equality of Treatment (Accident Compensation) Convention; C029 – Forced Labour Convention; C058 – Minimum Age (Sea) Convention; C059 Minimum Age (industry) Convention; C063 – Convention concerning Statistics of Wages and Hours of Work; C082 – Social Policy (Non-Metropolitan Territories) Convention; C084 – Right of Association (Non-Metropolitan Territories) Convention; C085 – Labour Inspectorates (Non-Metropolitan Territories) Convention; C087 – Freedom of Association and Protection of the Right to Organise Convention; C098 – Right to Organise and Collective Bargaining Convention; C102 – Social Security (Minimum Standards) Convention; C105 – Abolition of Forced Labour Convention; C108 – Seafarers Identity Documents Convention; C150 – Labour Adminsitration Convention; C151 – Labour Relations (Public Service) Convention; C182 –Worst Forms of Child Labour Convention.
Conventions of the United Nations Educational, Scientific and Cultural Organization
•Convention against Discrimination in Education.
Geneva Conventions and other treaties on international humanitarian law
•Geneva 1; Geneva 2: Geneva 3; Geneva 4; Protocol 1; Protocol 2; Protocol 3; Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction.
Regional human rights instruments
•ECHR.
B.Legal framework for the protection of human rights at the national level
144.Chapter 1 (Part 2), Chapter 2 (Part 2) and Chapter 3 (Part 2) of The Constitution of St Helena, Ascension and Tristan da Cunha specifically protect human rights (including combating discrimination) at statutory level. Under ss.24, 140 and 206 of the Constitution, any person may apply to the Supreme Court if he/she considers that the human rights provisions in the Constitution have been breached.
C.Framework within which human rights are promoted at the national level
145.See section B.
III.Information on non-discrimination and equality and effective remedies
146.See section B.
Turks and Caicos Islands
I.General information
A.Demographic, economic, social and cultural characteristics
Demographic indicators |
|
Population size |
42,957 (2019 estimate) |
Population growth rate |
3.9% |
Population density (people per sq km) |
117.3 |
Population distribution by mother tongue |
Information not yet available |
Population distribution by religion |
Pentecostal 23.7%, Baptist 25.7%, Anglican 11.9%, Methodist 9.7 %, Catholic5.6%, Adventist 4.8%, Other 18.6%. |
Population distribution by ethnic groups |
84.9% Black, 5.9% Hispanic, 2.8% White. |
Age-composition |
24.1% for 0 to 19, 33.8% for 20 to 39, 33.9 % for 40 to 59, 8.3 % for 60 and over |
Dependency ratio – Percentage of population under 15 |
18.7% |
Dependency ratio – Percentage of population over 65 |
4.6% |
Birth rate (per 1,000 population) |
11.3 (2019) |
Infant mortality rate – number of deaths of children aged under 1 year per 1,000 live births |
4.1(2019) |
Death rate – per 1,000 population |
2.84(2019) |
Males |
3.56 (2019) |
Females |
2.09 (2019) |
Life expectancy – years at birth |
79 years |
Total fertility rate – children per woman |
Information not yet available |
Average household size |
3 (2012 Census) |
Proportion of single-parent households |
Information not yet available |
Social, economic and cultural indicators |
|
Share of (household) consumption expenditures on food, housing, health and education |
16.3% Food, 25.9% Housing, 2.48% Education, 4.6% Health. |
Proportion of population below the national poverty line |
21.6% |
Proportion of population below the minimum level of dietary consumption |
Information not yet available |
Gini coefficient (relating to distribution of income) |
Information not yet available |
Prevalence of underweight childrenunder 4‑5 |
0.5% |
Infant and maternal mortality rates (per 1,000 live births) |
4.1% (2019) |
Percentage of women of child/bearing age using contraception or whose partner is using contraception |
Information not yet available |
Medical termination of pregnancy as proportion of live births |
Information not yet available |
Rates of infection of HIV/AIDS and major communicable diseases |
HIV prevalence rate: 1.44 |
Prevalence of major communicable and non-communicable diseases |
Tubercolosis. |
Ten major causes of death |
Information not yet available |
Net enrolement ratio in primary and secondary education |
98.0 (primary schools) 99.0 (secondary schools) |
Attendance and drop-out rates in primary and secondary education |
98% attendance in primary and secondary schools. 0.2% drop out rate in secondary schools. |
Teacher-student ratio in public funded schools |
1:15 primary school (2018/19) 1:8 secondary school |
Literacy rates (adult) |
Information not yet available |
Unemployment rate |
7% (2019) |
Employment by major sectors of economic activity, including formal and informal sectors |
Information not yet available |
Work participation rates |
Information not yet available |
Proportion of work force registered with trade unions |
Not applicabale as there are no trade unions within the state. |
Per capita income |
US$17,803 (2019) |
Gross Domestic Product (GDP) in billions |
US$ 764.7 Million (2019 – Constant Prices) |
Annual growth rate |
Average 4.0% for last 10 years |
Gross National Income (GNI) in billions |
Information not yet available. |
Consumer Price Index (CPI) |
2.2% |
Social expenditures (e.g. food, housing, health, education, social protection, etc.) as proportion of total expenditure and GDP |
Information not yet available. |
External and domestic public debt |
US$3m (at 31 March 2019) |
Proportion of international assistance provided in relation to the State budget by sector and in relation to GNI |
None |
Indicators on the political system |
|
Number of recognised political parties at the national level |
Three political Parties: Progressive National Party (PNP); Peoples Democratic Movement (PDM); Peoples Progressive Party (PPP). |
Proportion of the population eligible to vote |
Information not yet available |
Proportion of non-citizen population registered to vote |
None |
Number of complaints about the conduct of elections registered, by type of alleged irregularity |
6 complaints registered including: late opening of some polling stations; insufficient ballot papers at one station; members of one political party offering bribes to voters; persons in line for too many hours; counting of ballots. One Political party complained that information divulged by the Returning Officer was made to one party and not to the other (By-Elections). |
Population coverage and breakdown of ownership of major media channels (electronic, print, audio, etc.) |
Printed Media: The Sun; Turks and Caicos Weekly News; Where, When and How; Times of the Islands; Discover TCI; Destination Turks and Caicos Islands; Turks and Caicos Business Guide; Turks and Caicos Resturant Guide; Turks and Caicos Real Estate Asociation; Turks and Caicos General Brochure (Official General Guide of the Turks and Caicos Islands Tourist Board); other periodicals and brochures of various entities such as the Museum and TCI TRUST, etc. TV Broadcasters: PTV Television – covers North and Provo; WIV TV – covers Provo and Grand Turk. Radio (Audio) Broadcasters: Tropical Vibes (TCI) Ltd. (coverage: West Caicos to North Caicos, Grant Turk to Middle Caicos respectively); D & D Ewing dba Rock of Jesus Communications Ltd (coverage: Country); Connolly Production Company Ltd. (coverage: Country); ZIBF – Life Radio (coverage: Middle Caicos to Grand Turks, West Caicos to North Caicos respectively); Church of God Espanol (coverage: Grand Turk); VHT Radio Turks and Caicos (coverage: Country); Victory In Christ Radio Station (coverage: Country); Turks & Caicos Islands Baptist Union (coverage: Country); Tradewinds Radio TCI (coverage: Country); WIV FM Radio Ltd. (coverage: Country); Example of Christ Church (coverage: Country); Radio Turks and Caicos RTC (coverage: (Grand Turk , South Caicos, Salt Cay), (South Caicos), (Middle Caicos, North Caicos), (Provo), respectively); Grand Turk Cruise Center (coverage: Grand Turk); West Indies Broadcasting (coverage: Country). |
Number of recognised NGOs |
206 |
Distribution of legislative seats by party |
Progressive National Party: 5 (2016) Peoples Democratice Movement: 10 (2016) |
Percentage of women in Parliament |
33.3% (2016 elections) |
Proportions of national and sub-national elections held within the schedule laid out by law |
Information not yet available. |
Average voter turnouts in the national and sub-national elections by administrative unit |
80.4% |
Indicators on crime and the administration of justice |
|
Incidence of violent death and life threatening crimes reported per 1,000 persons |
0.94 (2012) |
Number of persons and rate (per 1,000 persons) who were arrested/brought before a court convicted/sentenced/incarcerated for violent or other serious crimes (such as homicide, robbery, assault and trafficking) |
25.42 (2012) |
Number of reported cases of sexually motivated violence (such as rape, female genital mutilation, honour crimes and acid attacks). |
6.6 per 1,000 (2012) |
Maximum time of pre-trial detention (remand) |
Maximum: 28 months; Average: 4.6 months. (August 2013) |
Prison population with breakdown by offence and length of sentence |
155 convicted persons (as of April 2019 to 31st April 2020). Unconvicted persons (161). Breakdown by offence: violence against the person (9); sexual offences (2); burglary (9); theft and handling (12); fraud and forgery (1); drug offences (4); motoring offences (3); other offences (13). Breakdown by length of sentence: less than or equal to 6 months (62); greater than 6 months to less than 12 months (17); 12 months to less than 4 years (18); 4 years or more – excluding indeterminate sentences (4); indeterminate sentences (1). |
Incidence of death in custody |
Nil. |
Number of persons executed under the death penalty per year |
0 |
Average backlog of cases per judge at different levels of the judicial system |
Information not yet available |
Number of police/security personnel per 1,000 persons |
9.5 (August 2013) |
Number of prosecutors and judges per 1,000 |
Prosecutors: 0.3 Judges: 0.2 |
Share of public expenditure on police/security and judiciary |
Information not yet available. But in 2012/13, US$15.9m were spent on the police. |
Of the accused and detained persons who apply for free legal aid, the proportion of those who receive it |
Information not yet available. Most Supreme Court matters receive legal aid if requested. |
Proportion of victims compensated after adjudication, by type of crime |
Information not yet available. For property crimes only, high rate of compensation ordered by the court. |
B.Constitutional, political and legal structure
147.The Turks and Caicos Islands is a British Overseas Territory, with a Governor and a Ministerial system of government. The new constitution came into force in July 2011 through The Turks and Caicos Islands Constitution Order 2011.
House of Assembly
148.The House of Assembly consists of a Speaker, 15 elected Members, 4 appointed Members and the Attorney General. The legislature is responsible for enacting laws for the peace, order and good government of the Islands. It should be noted that the Attorney General does not have the right to vote within the House of Assembly.
Executive
149.Under The Turks and Caicos Islands Constitution Order 2011, the Governor is appointed by the Sovereign (the Head of State), is HM Representative in the Islands, and continues to be the executive authority. There is also a Deputy Governor, who must be a Belonger (an individual free of immigration restrictions on the amount of time he/she can remain in the Islands) and is appointed by the Governor. The Executive Government is based on the Cabinet which consists of: the Premier, who is appointed by the Governor; six ministers; the Deputy Governor; and the Attorney General. The Governor is the Chairman of the Cabinet.
150.The Governor remains responsible for external affairs, defence, internal security including the Police Force, and some public service matters, including the regulation of international financial services, consulting Cabinet as necessary. An Advisory National Security Council, chaired by the Governor, has been established to make recommendations on national security issues. Ministers continue to have responsibilities outside of those areas reserved for the Governor.
Judiciary and the administration of justice
151.The judiciary consists of the Supreme Court and appeals are heard by the Court of Appeal (composed of a President and at least two Justices of Appeal) and final appeals by the UK’s JCPC.
NGOs
152.NGOs are fully recognized.
II.General framework for the protection and promotion of human rights
A.Acceptance of international human rights norms
153.The following main international instruments have been extended to the Turks and Caicos Islands.
Main United Nations international human rights conventions and protocols
•ICERD; ICCPR; ICESCR; CEDAW; CAT; CRC.
Other United Nations human rights and related conventions
•Convention on the Prevention and Punishment of the Crime of Genocide; Convention relating to the Status of Refugees (and its 1967 Protocol); Convention on the Reduction of Statelessness; Rome Statute of the International Criminal Court.
Conventions of the International Labour Organization
•C087 – Freedom of Association and Protection of the Right to Organise Convention; C098 – Right to Organise and Collective Bargaining Convention; C102 – Social Security (Minimum Standards) Convention.
Conventions of the United Nations Educational, Scientific and Cultural Organization
•Convention against Discrimination in Education.
Geneva Conventions and other treaties on international humanitarian law
•Geneva 1; Geneva 2: Geneva 3; Geneva 4; Protocol 1; Protocol 2; Protocol 3; Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction.
Regional human rights instruments
•ECHR.
B.Legal framework for the protection of human rights at the national level
154.The legal framework for the protection of human rights is based upon The Turks and Caicos Islands Constitution Order 2011, Schedule 2, Part 1 (“Fundamental Rights and Freedoms of the Individual”) which specifically addresses a number of rights and freedoms including: right to life; freedoms of conscience, expression, assembly and association; peaceful enjoyment of property and protection from deprivation of property; protection for private and family life and for privacy of home and other property.
155.The Human Rights Commission, established in 2008, works to protect human rights within the territory. The Supreme Court has final judicial jurisdiction over human rights. The Labour Tribunal presides over labour disputes, with powers equal to those of the Supreme Court.
156.As set out above, the Turks and Caicos Islands are also part of a number of international instruments for the protection of human rights and labour standards.
C.Framework within which human rights are promoted at the national level
157.The Human Rights Commission is the national institution vested with the powers to promote and protect human rights.
III.Information on non-discrimination and equality and effective remedies
158.Schedule 2 (“The Constitution of the Turks and Caicos Islands”) of The Turks and Caicos Islands Constitution Order 2011 states that: “The people of the Turks and Caicos Islands as a God-fearing people with convictions based on sound Christian culture, values and principles, tolerant of other religions; Affirm their intention to: maintain the highest standards of integrity in their daily living; commit to the democratic values of a just and humane society pursuing dignity, prosperity, equality, love, justice, peace and freedom for all; ensure a vibrant diversified economy, work to provide full employment opportunities, and protect their posterity”.
159.Part 1 of Schedule 2 of The Turks and Caicos Islands Constitution Order 2011 then addresses various fundamental rights and freedoms including specific provisions on equality and non-discrimination, namely: equality before the law; and protection from discrimination.
160.The 2011 Equality Bill, which is currently being implemented, will give added strength to combating discrimination and to promoting equality in the islands.
Virgin Islands (commonly known as the British Virgin Islands)
I.General information
A.Demographic, economic, social and cultural characteristics
Demographic indicators |
|
Population size |
32,800 (2017) |
Population growth rate |
Information not yet available |
Population density (people per sq km) |
212.9 (2017) |
Population distribution by mother tongue |
Information not yet available |
Population distribution by religion |
In 2017 (estimate): Anglican: 3,126 Baptist: 2,432 Bahai: 12 Church of God: 3,406 Evangelical: 2015 Hindu: 617 Jehovah Witnesses: 810 Methodist: 5,777 Moravian: 108 Muslim: 311 Pentecostal: 2,680 Presbyterian: 80 Rastafarian: 209 Roman Catholic: 2,914 Seventh Day Adventist: 2,950 None: 2,607 Not stated: 799 Other: 1,348 |
Population distribution by ethnic groups |
In 2017 (estimate): African decent/Black: 25,014 Creole: 160 Carib: 140 East Indian: 518 Chinese: 22 Hispanic/Latinos: 1,815 Syrian: 15 Lebanese: 51 Philipinos: 240 White-Caucasian: 1,767 Mixed: 1,743 Other: 166 Not stated: 257 |
Age-composition |
In 2016 (estimate): Male FemaleTotal 0–41 472 1 2772 748 5–9 1 3921 2982 690 10–141 349 1 2822 631 15–191 1331 1402 273 20–241 0311 1792 210 25–291 4721 5072 979 30–341 5231 7383 260 35–391 602 1 7393 341 40–441 6151 6763 291 45–491 559 1 4503 010 50–51 2571 1152 372 55–598898961 784 60–647076171 324 65–69457405863 70–74267 267534 75–79128167295 80–84119158227 85–895157108 90+3961100 |
Dependency ratio – Percentage of population under 15 |
24.5 |
Dependency ratio – Percentage of population over 65 |
5.3 |
Birth rate (per 1,000 population) |
7.46 (2017) |
Infant mortality rate – number of deaths of children aged under 1 year per 1,000 live births |
20.40 (2017) |
Death rate – per 1,000 population |
4.72 (2017) |
Life expectancy – years at birth |
77.37 (2017) |
Men |
72.42 (2017) |
Women |
83.12 (2017) |
Total fertility rate – children per woman |
0.86 (2017) |
Average household size |
2.5 |
Proportion of single-parent households |
Information not yet available |
Social, economic and cultural indicators |
|
Share of (household) consumption expenditures on food, housing, health and education |
Food 14.7% Housing 29.8% Health 3.2% Education 2.6% |
Proportion of population below the national poverty line |
Population 16.% (2005) Household 23.% (2005) |
Proportion of population below the minimum level of dietary consumption |
Information not yet available |
Gini coefficient (relating to distribution of income) |
Information not yet available |
Prevalence of underweight childrenunder 4‑5 |
Information not yet available |
Infant and maternal mortality rates (per 1,000 live births) |
Maternal Mortality: 0 |
Percentage of women of child/bearing age using contraception or whose partner is using contraception |
5.5 per 100,000 (public sector data only) |
Medical termination of pregnancy as proportion of live births |
0 (2012) |
Rates of infection of HIV/AIDS and major communicable diseases |
In 2012: HIV: 5 Dengue: 214 TB: 0 Malaria: 0 |
Prevalence of major communicable and non-communicable diseases |
Prevalence of hypertension 12.52 per 100,000 Prevalence of hypertension (Male) 9.89 per 100,000 Prevalence of hypertension (female) 9.89 per 100,000 Prevalence of diabetes, type II 3.07 per 100,000 Prevalence of diabetes, type II (M) 3.20 per 100,000 Prevalence of diabetes, type II (F) 2.93 per 100,000 |
Ten major causes of death |
Heart diseaseMalignant NeoplasmsHypertension Diabetes Lung diseaseDrowning Stroke Because of the number of deaths annually the cases for 6-10 are generally single cases. |
Net enrolement ratio in primary and secondary education |
Primary: 72.5 (2019) Secondary: 63.2 (2019) |
Attendance and drop-out rates in primary and secondary education |
Drop- out rate (2019): Primary0.01 Secondary0.21% |
Teacher-student ratio in public funded schools |
Primary: 1:11 (2019) Secondary: 1:7 (2019) Please note that this is not the average class size. This is the total number of teachers on staff by the total number of students enrolled. |
Literacy rates (adult) |
97.7 |
Unemployment rate |
3.1 |
Employment by major sectors of economic activity, including formal and informal sectors |
In 2015: Agriculture, Hunting and Forestry:214 Fishing: 42 Mining and Quarrying: 13 Manufacturing: 517 Electricity, Gas and Water: 0 Construction: 1,860 Wholesale and Retail Trade: 2,468 Hotel and Restaurants: 3,297 Transport and Communications: 823 Financial Intermediation: 413 Real Estate, Renting and Business Activity: 3,212 Government Services: 4,181 Education: 568 Health and Social Work: 818 Other Community, Social and Personal Services: 903 Private Households with employed persons: 348 Extra-territorial organizations and bodies: 0 Not Stated: 14 |
Work participation rates |
86.2 (2010) |
Proportion of work force registered with trade unions |
N/A |
Per capita income |
US$36,808.75 (2018) |
Gross Domestic Product (GDP) |
US$1,253.9 millions (2018) |
Annual growth rate |
2.1% (2019) |
Gross National Income (GNI) |
US$1,319,974,283 (2018) |
Consumer Price Index (CPI) |
3.2 (inflation rate) |
Social expenditures (e.g. food, housing, health, education, social protection, etc.) as proportion of total expenditure and GDP |
US$5.7 millions (2010) |
External and domestic public debt |
$151.8m (2018) |
Proportion of international assistance provided in relation to the State budget by sector and in relation to GNI |
Information not yet available |
Indicators on the political system |
|
Number of recognised political parties at the national level |
3 |
Proportion of the population eligible to vote |
74.9% (2019 est.) |
Proportion of non-citizen population registered to vote |
Information not yet available |
Number of complaints about the conduct of elections registered, by type of alleged irregularity |
Information not yet available |
Population coverage and breakdown of ownership of major media channels (electronic, print, audio, etc.) |
Information not yet available |
Number of recognised NGOs |
Information not yet available |
Distribution of legislative seats by party |
National Democratic Party: 4 Virgin Islands Party: 9 |
Percentage of women in Parliament |
23.07% (not including the Speaker of the House of Assembly). |
Proportions of national and sub-national elections held within the schedule laid out by law |
Information not yet available |
Average voter turnouts in the national and sub-national elections by administrative unit |
68.8% (estimate for 2011) |
Indicators on crime and the administration of justice |
|
Incidence of violent death and life threatening crimes reported per 100,000 persons |
Information not yet available |
Number of persons and rate (per 1,000 persons) who were arrested/brought before a court convicted/sentenced/incarcerated for violent or other serious crimes (such as homicide, robbery, assault and trafficking) |
In 2020: Murder: 3 Fatal Traffic Incidents: 5 |
Number of reported cases of sexually motivated violence (such as rape, female genital mutilation, honour crimes and acid attacks). |
In 2012: Rape: 6 |
Maximum time of pre-trial detention (remand) |
Information not yet available |
Prison population with breakdown by offence and length of sentence |
Information not yet available. |
Incidence of death in custody |
Nil. |
Number of persons executed under the death penalty per year |
0 |
Average backlog of cases per judge at different levels of the judicial system |
Magistrates’ Court: 160 High Court: 7 |
Number of police/security personnelper 1,000 persons |
Information not yet available |
Number of prosecutors and judges per 1,000 |
Prosecutors: 0.2Judges: 0.1Magistrates: 0.1 |
Share of public expenditure on police/security and judiciary |
Information not yet available |
Of the accused and detained persons who apply for free legal aid, the proportion of those who receive it |
Information not yet available |
Proportion of victims compensated after adjudication, by type of crime |
N/A |
B.Constitutional, political and legal structure
161.A new Constitution was enacted in the British Virgin Islands in 2007 through The Virgin Islands Constitution Order 2007.
House of Assembly
162.The Virgin Islands elects legislature on a territorial level. The House of Assembly (formerly Legislative Council) has 15 members, 13 members elected for a four year term, 9 of them in single-seat constituencies and 4 at large, one ex officio member and one speaker chosen from outside the council.
Executive
163.The Virgin Islands Constitution Order 2007 provides for the people to be represented by a ministerial system of government, led by an elected Premier, a Cabinet of Ministers and the House of Assembly. The Virgin Islands are a British Overseas Territory, with the Sovereign as the Head of State and HM’s representative, the Governor.
164.Since, 1967, the Virgin Islands have held responsibility for their own internal affairs Section 47 (1) of the Virgin Islands Constitution Order 2007 creates the Cabinet as the institution that has responsibility for the formulation of policy and the direction and implementation of policy, except for matters that are the Governor’s special responsibility under section 60 which are external affairs, defense and internal security, the Civil Service and administration of the courts.
165.In accordance with Section 47 (1) of the Virgin Islands Constitution Order 2007, the Cabinet consists of the Premier, four other Ministers and one ex officio member, namely the Attorney General. The Governor attends, and presides at meetings of the Cabinet, and in his or her absence the Premier or Deputy Premier presides over the meetings.
Judiciary and the administration of justice
166.The judiciary of the Virgin Islands is based on the judiciary of England and Wales. The British Virgin Islands is a member state of the Eastern Caribbean Supreme Court. The courts are organised at four levels, including the provision for final appeal to the Judicial Committee of the Privy Council in London.
167.The Virgin Islands is a common law jurisdiction, although Virgin Islands law and procedure differs to a great degree from English law because of local statutes, orders and civil procedure rules.
II.General framework for the protection and promotion of human rights
A.Acceptance of international human rights norms
168.The following main international instruments have been extended to the British Virgin Islands.
Main United Nations international human rights conventions and protocols
•ICERD; ICCPR; ICESCR; CEDAW; CAT; CRC.
Other United Nations human rights and related conventions
•Convention on the Prevention and Punishment of the Crime of Genocide; Convention relating to the Status of Stateless Persons; Convention on the Reduction of Statelessness; Rome Statute of the International Criminal Court; United Nations Convention against Transnational Organized Crime.
Conventions of the International Labour Organization
•C087 – Freedom of Association and Protection of the Right to Organise Convention; C097 – Migration for Employment Convention (Revised); C098 – Right to Organise and Collective Bargaining Convention; C102 – Social Security (Minimum Standards) Convention; C105 – Abolition of Forced Labour Convention.
Conventions of the United Nations Educational, Scientific and Cultural Organization
•Convention against Discrimination in Education.
Geneva Conventions and other treaties on international humanitarian law
•Geneva 1; Geneva 2: Geneva 3; Geneva 4; Protocol 1; Protocol 2; Protocol 3; Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction.
Regional human rights instruments
•ECHR.
B.Legal framework for the protection of human rights at the national level
169.Human rights are protected by Chapter 2 (“Fundamental Rights and Freedoms of the Individual”) of The Virgin Islands Constitution Order 2007.
C.Framework within which human rights are promoted at the national level
170.Section 34 of the The Virgin Islands Constitution Order 2007 provides for the option of an establishment of a human rights commission. In keeping with best international practice, the Government has decided that there should be such a body within the Territory. Model legislation on a Human Rights Commission and civil society consultations thereon have already been prepared and concluded, respectively, by the Human Rights Committee within the Attorney General’s Chambers and with the support of the Government. Preparations were made to established a Human Rights Commission in place in 2014, however the accompanying legislation for this has not materialized to date.
III.Information on non-discrimination and equality and effective remedies
171.Chapter 2 (“Fundamental Rights and Freedoms of the Individual”) of The Virgin Islands Constitution Order 2007 addresses various fundamental rights and freedoms including specific provisions on equality and non-discrimination, namely: equality before the law; and protection from discrimination.
Crown Dependencies
172.There are three Crown Dependencies (CDs): Bailiwick of Guernsey; Bailiwick of Jersey; Isle of Man.
Bailiwick of Guernsey
I.General information
A.Demographic, economic, social and cultural characteristics
Demographic indicators |
|
Population size |
63,021 (2019) |
Population growth rate |
0.9% |
Population density (people per sq km) |
987 (2019) |
Population distribution by mother tongue |
Information not yet available |
Population distribution by religion |
Information not yet available |
Population distribution by ethnic groups |
Information not yet available |
Age-composition |
AgeMaleFemale 0–93 1162 988 10–193 3823 095 20–293 8803 679 30–394 0703 849 40–494 1104 292 50–594 7235 035 60–693 7923 788 70–792 6872 975 80–891 2271 662 90+198473 Total31 18531 836 |
Dependency ratio – Percentage of population under 15 |
15.82% |
Dependency ratio – Percentage of population over 65 |
20.2% |
Birth rate (per 1,000 population) |
513 births over the year ending 31st Deceomber 2019(8.1 birth rate per 1,000 population). |
Infant mortality rate – number of deaths of children aged under 1 year per 1,000 live births |
2.7 per 1,000 live births (2013-15) |
Death rate – per 1,000 population |
8.3 per 1,000 deaths (2019) |
Males |
Information not yet available |
Females |
Information not yet available |
Life expectancy – years at birth |
82.7 years (2017–2019) |
Men |
80.4 years (2017–2019) |
Women |
85.1 years (2017–2019) |
Total fertility rate – children per woman |
1.56 (2013–2015) |
Average household size |
2.5 persons |
Proportion of single-parent households |
3.7% of total households |
Social, economic and cultural indicators |
|
Share of (household) consumption expenditures on food, housing, health and education |
41% |
Proportion of population below the national poverty line |
26.9% of the total number of households had an income that was lower than 60% of the equivalised net income median |
Proportion of population below the minimum level of dietary consumption |
Information not yet available |
Gini coefficient (relating to distribution of income) |
0.39 (gross equivalised income) 0.37 (net equivalised income) |
Prevalence of underweight children under 5 |
1% (2019) |
Infant and maternal mortality rates (per 1,000 live births) |
Infant Mortality Rate: 2.7 per 1,000 (2013–15) Maternal Mortality Rate: Information not yet available |
Percentage of women of child/bearing age using contraception or whose partner is using contraception |
Information not yet available |
Medical termination of pregnancy as proportion of live births |
17.9% (2013–15) |
Rates of infection of HIV/AIDS and major communicable diseases |
Deaths from HIV/AIDS: 0 Deaths from malaria: 0 Deaths from tuberculosis: <5 Prevalence of HIV/AIDS/malaria/tuberculosis: information not yet available. Guernsey and Alderney (2013–15) |
Prevalence of major communicable and non-communicable diseases |
Mortality from Diabetes Mellitus (ICD-10 codes E10–E14), European age-standardised rate per 100,000: No data available. Mortality from All cancers (ICD-10 codes C00–C97), European age-standardised rate per 100,000: All age: No data available Under 75: 90.0 per 100,000 (95% CI: 105.9 to 140.2) Mortality from Cardiovascular disease (ICD-10 codes I00–I99), European age-standardised rate per 100,000: All age: No data available Under 75: 47.5 per 100,000 (95% CI: 38.8 to 60.7) Guernsey and Alderney (2013-15) |
Ten major causes of death |
Leading causes of death for deaths registered 2013-15 were: Diseases of the circulatory system (31%); Neoplasms (29%); Diseases of the respiratory system (13%); Mental and behavioural disorders (7%); Diseases of the digestive system (4%)Guernsey and Alderney (2013-15) |
Net enrolement ratio in primary and secondary education |
Information not yet available |
Attendance and drop-out rates in primary and secondary education |
Primary education 95.66% Secondary education 93.24% Special schools (for those pupils who require more specialist provision) 91.19% |
Teacher-student ratio in public funded schools |
Primary education: 17.72:1 Secondary education (NB Includes Grammar School Sixth Form): 12.81:1 |
Literacy rates (adult) |
Information not yet available |
Unemployment rate |
1.8% (proportion of workforce wholly unemployed as at 3rd October 2020) |
Employment by major sectors of economic activity, including formal and informal sectors |
Total no. in employment (% of total for all sectors) Agriculture, horticulture, fishing and quarrying: 455 (1.5&) Manufacturing: 666 (2.1%) Electricity, gas, steam and air conditioning supply: 279 (0.9%) Water supply, sewerage, waste management and remediation activities: 126 (0.4%) Construction: 2,780 (8.9%) Wholesale, retail and repairs: 3,750 (12.%) Hostelry: 1,648 (5.3%) Transport and storage: 1,101 (3.5%) Information and communication: 866 (2.8%) Finance: 5,987 (19.1%) Real estate activities: 289 (0.9%) Professional, business, scientific and technical activities: 2,835 (9.1%) Administrative and support service activities: 1,577 (5.0%) Public administration: 5,445 (17.4%) Education: 624 (2.0%) Human health, social and charitable work activities: 1,996 (6.4%) Arts, entertainment and recreation: 339 (1.1%) Other service activities: 467 (1.5%) Activities of households as employers: 77 (0.2%) Other: 0 (0%) Total for all sectors: 31,307 |
Work participation rates |
49.60% (2019) |
Proportion of work force registered with trade unions |
Information not yet available |
Per capita income |
£34,479 |
Gross Domestic Product (GDP) |
£3.3 billion (2019 est) |
Annual growth rate |
0.3% (2019 real) |
Gross National Income (GNI) |
Information not yet available |
Consumer Price Index (CPI) |
Sept 2020 RPI was 1.4% |
Social expenditures (e.g. food, housing, health, education, social protection, etc.) as proportion of total expenditure and GDP |
Social expenditure as proportion of total expenditure: All food (not including alcohol) 8.7%All housing (not including fuel, household goods) 27.0%Health 2.8%Education 2.6%Social protection (home help, nursery, child care) 1.1% |
Social expenditure as proportion of GDP: information not yet available |
|
External and domestic public debt |
Information not yet available |
Proportion of international assistance provided in relation to the State budget by sector and in relation to GNI |
<0.1% of GDP in 2019 (GNI not currently calculated) |
Indicators on the political system |
|
Number of recognised political parties at the national level |
There are three political parties registered as at 31 December 2020 |
Proportion of the population eligible to vote |
79% (estimate) |
Proportion of non-citizen population registered to vote |
Information not yet available |
Number of complaints about the conduct of elections registered, by type of alleged irregularity |
Information not yet available |
Population coverage and breakdown of ownership of major media channels (electronic, print, audio, etc.) |
Information not yet available |
Number of recognised NGOs |
Non Profit Organisations – 188 Charities – 519 |
Distribution of legislative seats by party |
At the date of the 2020 Election, there were 38 Guernsey Deputies in the States of Deliberation (plus two Alderney Representatives). The number of seats as follows: Guernsey Party 6 Guernsey Partnership of Independents 10 The remaining Members are independent. |
Percentage of women in Parliament |
Elected Members: 21% (8/38) |
Proportions of national and sub-national elections held within the schedule laid out by law |
Information not yet available |
Average voter turnouts in the national and sub-national elections by administrative unit |
At the 2020 General Election, voter turnout was 80% |
Indicators on crime and the administration of justice |
|
Incidence of violent death and life threatening crimes reported per 100,000 persons |
60.5 per 100,000 |
Number of persons and rate (per 100,000 persons) who were arrested/brought before a court convicted/sentenced/incarcerated for violent or other serious crimes (such as homicide, robbery, assault and trafficking) |
Information not yet available |
Number of reported cases of sexually motivated violence (such as rape, female genital mutilation, honour crimes and acid attacks) |
Rape: 51 reported Genital mutilation: 0 reported Honour crime: 0 reported Acid attack: 0 reported |
Maximum time of pre-trial detention (remand) |
Information not yet available |
Prison population with breakdown by offence and length of sentence |
CrimePrison population Breach of supervision1 Drugs40 Violence16 Property7 Sexual19 Driving5 Public order5 Total93 (31 October 2020) |
Incidence of death in custody |
0 deaths in custody, 1 death in prison (natural causes) |
Number of persons executed under the death penalty per year |
0 |
Average backlog of cases per judge at different levels of the judicial system |
Information not yet available |
Number of police/security personnel per 100,000 persons |
227.7 |
Number of prosecutors and judges per 100,000 |
Information not yet available |
Share of public expenditure on police/security and judiciary |
Information not yet available |
Of the accused and detained persons who apply for free legal aid, the proportion of those who receive it |
Information not yet available |
Proportion of victims compensated after adjudication, by type of crime |
Information not yet available |
B.Constitutional, political and legal structure
Legislative and executive
Guernsey
173.Guernsey is administered by the States of Guernsey, which is currently constituted under the Reform (Guernsey) Law, 1948, as amended, and consist of two bodies namely, the States of Deliberation and the States of Election.
174.The States of Deliberation (hereinafter referred to as “the States”) is Guernsey’s legislative assembly deriving its authority and powers from customary law and the Reform (Guernsey) Law, 1948, as amended. It comprises the Bailiff as ex-officio Presiding Officer (who chairs debates only, and has no vote), the two Law Officers (HM Procureur and HM Comptroller) (who advise the assembly, but have no vote), and the forty voting members, being thirty eightPeople’s Deputies (‘Deputies’) and two Representatives of the States of Alderney. The States exercise executive or administrative functions through its senior Committee (the Policy & Resources Committee) and six Principle Committees, every one of which is accountable to the States and in the States for its acts. Additionally, there are a number of other entities responsible for fulfilling government functions. The first ‘island-wide’ General Election was held in 2020 by universal adult suffrage. The legal voting age is 16 years old. Deputies normally have a term of four years after each General Election. The only function of the States of Election is to act as an Electoral College for Jurats, an office which has no direct comparison in the UK but which is akin to a permanently sitting juror.
Alderney
175.The States of Alderney is the legislative assembly for Alderney and derive its authority and powers from the Government of Alderney Law, 2004. The States comprise the President of Alderney who chairs the parliamentary meetings, may take part in the debate, but has no vote (except a vasting vote is voting is tied) and ten Members. The President and the Members are each elected for a four year term by universal adult suffrage (every two years there is an election for five of those Members). The legal voting age is 18 years old. Except for those services legislated for and administered by Guernsey, the remaining functions of government in Alderney are administered by Committees of the States of Alderney.
176.In respect of criminal matters and certain “reserved services” (which include child care services and education and health services), the States of Deliberation can legislate for Alderney without such consent. Where other legislation is made Bailiwick-wide it is made jointly and approved by the three Bailiwick jurisdictions, which in Alderney’s case means the States of Alderney In recognition of Guernsey’s responsibilities for the reserved services, two Alderney States’ Members participate in Gurnsey’s States of Deliberation with full voting rights there.
Sark
177.The Chief Pleas of Sark is the legislative assembly for Sark and derives its authority and powers from the Reform (Sark) Law, 2008. The Chief Pleas comprises 18 elected members known as Conseillers, who are elected by universal adult suffrage and hold office for four years (every two years there is an election for nine of those Conseillers); the Seigneur who has the right to speak in debate but no vote; and the Speaker and Deputy Speaker of Chief Pleas who do not have the right to speak or vote in debate, and are elected by the Chief Pleas of Sark. The Chief Pleas has autonomy in legislatating for Sark, except in criminal matters. Where other legislation is made Bailiwick-wide, it is made jointly and approved by the three Bailiwick jurisdictions, which in Sark’s case means the Chief Pleas of Sark.
Judiciary and the administration of justice
Guernsey
178.Guernsey’s senior courts are the Royal Court, the Court of Appeal and the Judicial Committee of the Privy Council (JCPC). There is also an Ecclesiastical Court and a Magistrates Court. The Ecclesiastical Court’s functions are the proving of Wills and the issuing of Grants of Probate and Letters of Administration in relation to deceased’s Estates, the granting of marriage licences and the issuing of faculties for alterations to consecrated land and buildings. The Magistrate’s Court acts as the court of first instance for some criminal (summary jurisdiction cases) and civil matters (including those where the value of the dispute does not exceed £10,000, and some family matters). The Royal Court handles higher value or more complex civil matters and more serious criminal offences. It also hears appeals of cases from the Magistrate’s Court and appeals from cases heard by the courts in Alderney or Sark. The Guernsey Court of Appeal acts as the court of appeal in criminal and civil matters. The JCPC in London is the court of last resort in appeals from the judgements of Bailiwick Courts.
Alderney
179.Alderney’s judicial system is administered by the Chairman and Jurats of the Court of Alderney. The Jurats are appointed by the Lieutenant Governor of the Bailiwick of Guernsey. The Greffier is clerk of the Court and States of Alderney. The Court has unlimited civil jurisdiction with appeal from the Court of Alderney to the Royal Court of Guernsey, from there to the Guernsey Court of Appeal and ultimately to the JCPC. The Court of Alderney has limited criminal jurisdiction but is able to impose a maximum sentence of 12 months imprisonment and a fine of up to £10,000 for a single offence and twice that sum in aggregate for multiple offences. All cases which may merit a sentence in excess of the Court of Alderney’s sentencing limit are sent for trial to the Guernsey Royal Court.
Sark
180.The Court of the Seneschal (like the Court of Alderney) has unlimited civil jurisdiction. Though its current criminal jurisdiction is unlimited, its powers of sentence are limited. If the Court is of the view, having regard to the nature of the case or its powers of punishment that a matter is beyond its competence, it must transfer the case to Guernsey’s Royal Court sitting as an Ordinary Court. All cases which may merit a sentence in excess of the Court of the Seneschal’s sentencing limit are sent for trial to the Guernsey Royal Court.
NGOs
181.There is frequent consultation with relevant NGOs. For example, the Guernsey Disability Alliance was fundamental in its contribution to and promotion of the Disability, Equality and Inclusion policy workstream and the Guernsey Bar is regularly consulted on legislation and other legal issues.
II.General framework for the protection and promotion of human rights
A.Acceptance of international human rights norms
182.The following main international instruments have been extended to the Bailiwick of Guernsey.
Main United Nations international human rights conventions and protocols
•ICERD; ICCPR; ICCPR-OP2; ICESCR; CAT. Additionally, CRC, and the two Optional Protocols relating to the sale of children, child prostitution and child pornography, and the involvement of children in armed conflict, have applied to Guernsey and Alderney since 2020.
Other United Nations human rights and related conventions
•Convention on the Prevention and Punishment of the Crime of Genocide; Convention relating to the Status of Refugees; Convention relating to the Status of Stateless Persons.
Conventions of the International Labour Organization
•C029 – Forced Labour Convention; C081 – Labour Inspection Convention; C087 – Freedom of Association and Protection of the Right to Organise Convention; C097 – Migration for Employment Convention (Revised); C098 – Right to Organise and Collective Bargaining Convention; C102 – Social Security (Minimum Standards) Convention; C105 – Abolition of Forced Labour Convention; C122 – Employment Policy Convention; C151 – Labour Relations (Public Service) Convention; C182 – Worst Forms of Child Labour Convention.
Conventions of the Hague Conference on Private International Law
•Convention on the Recognition of Divorces and Legal Separations.
Geneva Conventions and other treaties on international humanitarian law
•Geneva 1; Geneva 2: Geneva 3; Geneva 4; Protocol 1; Protocol 2; Protocol 3; Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction.
Regional human rights instruments
•ECHR; European Convention on the Recognition of the Legal Personality of International Non-Governmental Organisations; European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment.
B.Legal framework for the protection of human rights at the national level
183.All legislation is interpreted in accordance with the ECHR, through the Human Rights (Bailiwick of Guernsey) Law, 2000 as amended by the Human Rights (Implementation and Amendment) (Bailiwick of Guernsey) Law, 2004.
C.Framework within which human rights are promoted at the national level
184.The States of Guernsey website provides detailed information and guidance to public authorities in the Bailiwick of Guernsey for the Human Rights (Bailiwick of Guernsey) Law, 2000. The same website also provides information on the main international human rights instruments extended to Guernsey.
III.Information on non-discrimination and equality and effective remedies
185.Apart from the human rights legislation set out above, Guernsey has specific measures on combating discrimination and on promoting equality Including the development of anti-discrimination legislation.
Bailiwick of Jersey
I.General information
A.Demographic, economic, social and cultural characteristics
Demographic indicators |
|
Population size |
107,800 (as of year-end 2019) |
Population growth rate |
1.02% annual growth (year-end 2019 against year-end 2018) |
Population density (people per sq km) |
900 |
Population distribution by mother tongue |
Information not yet available |
Population distribution by religion |
Information not yet available |
Population distribution by ethnic groups |
White Jersey 46% White British 32.7% White Irish 2.4% White French 0.9% White Portuguese/Madeiran 8.2% White Polish 3.3% White Other 3.8% Asian Indian 0.4% Asian Pakistani 0.1% Asian Bangladeshi 0.1% Asian Thai 0.2% Asian Other 0.3% Black Caribbean 0.1% Black African 0.3% Black Other 0% Mixed Asian 0.3% Mixed Caribbean 0.1% Mixed African 0.1% Mixed Other 0.2% |
Age-composition |
0 < 1: 522 (F); 509 (M) 1–4: 2,027 (F); 1,957 (M) 5–9: 2,382 (M); 2,470 (F) 10–14: 2,573 (F); 2,729 (M) 15–19: 2,632 (F); 2,863 (M) 20–24: 2,938 (F); 3,006 (M) 25–29: 3,354 (F); 3,351 (M) 30–34: 3,566 (F); 3,670 (M) 35–39: 3,610 (F); 3,615 (M) 40–44: 4,180 (F); 4,183 (M) 45–49: 4,170 (F); 4,187 (M) 50–54: 3,662 (F); 3,536 (M) 55–59: 3,087 (F); 2,955 (M) 60–64: 2,818 (F); 2,832 (M) 65–69: 2,110 (F); 1,938 (M) 70–74: 1,900 (F); 1,732 (M) 75–79: 1,550 (F); 1,343 (M) 80–84: 1,183 (F); 822 (M) 85–89: 779 (F); 446 (M) 90–94: 368 (F); 115 (M) 95+: 150 (F); 37 (M) |
Dependency ratio – Percentage of population under 15 and over 65 |
32% |
Birth rate (per 1,000 population) |
8.2 (2019) |
Death rate – per 1,000 population |
7.4 (2019) |
Life expectancy – years at birth |
New-born males 80.8 years, new-born females 84.6 years (both 2016-18) |
Total fertility rate |
46.6 (2018) |
Average household size |
2.3 (2016) |
Proportion of single-parent households |
8% (2011) |
Social, economic and cultural indicators |
|
Share of (household) consumption expenditures on food, housing, health and education |
46% |
Proportion of population below the national poverty line |
23% defined as relative low income after housing costs (below 60% of median) as of 2014/15 |
Proportion of population below the minimum level of dietary consumption |
Information not yet available |
Gini coefficient (relating to distribution of income) |
0.41 after housing costs, 0.34 before housing costs |
Prevalence of underweight childrenunder 4‑5 |
5/1016 (0%) |
Infant and maternal mortality rates (per 1,000 live births) |
Infant mortality rate: 2.4 deaths per 1,000 live births (infants under 1) |
Percentage of women of child/bearing age using contraception or whose partner is using contraception |
Information not yet available |
Medical termination of pregnancy as proportion of live births |
135/890 – 15% |
Rates of infection of HIV/AIDS and major communicable diseases |
Deaths from HIV/AIDS: B20-24 -<5 Deaths from malaria: B50-B54 – 0 Deaths from tuberculosis: A15-A19 – 0 |
Prevalence of major communicable and non-communicable diseases |
Mortality from Diabetes Mellitus (ICD-10 Codes E10-E14), European age-standardised rate per 100,000: ASR – 14.2 Mortality from All cancers (ICD-10 codes C00-C97), European age-standardised rate per 100,000: ASR – 246.8 Mortality from Cardiovascular disease (ICD-10 codes I00-I99), European age-standardised rate per 100,000: ASR – 227.2 |
Ten major causes of death |
Neoplashms – 245 Diseases of the circulatory system – 210 Mental and behavioural disorders – 85 Diseases of the respiratory system – 40 Diseases of the nervous system – 40 Diseases of the digestive system – 30 Endocrine, nutritional and metabolic diseases – 20 External causes of morbidity and mortality – 20 Diseases of the genitourinary system – 15 Certain infectious and parasitic diseases – 15 |
Net enrolement ratio in primary and secondary education |
99.5% (this includes children education other than at School) |
Attendance and drop-out rates in primary and secondary education |
Primary School attendance: 96%; Secondary School attendance: 93.4% Drop-out information is not available |
Teacher-student ratio in public funded schools |
Primary schools: 17.6 (qualified teachers); 10.5 (including assistants and technicians); Secondary schools: 12.2 (qualified teachers); 9.5 (including assistants and technicians) |
Literacy rates (adult) |
Information not yet available |
Unemployment rate |
4% (2014/15) |
Employment by major sectors of economic activity, including formal and informal sectors |
Information not yet available |
Work participation rates |
82% of working age population economically active (2011) 78% of working age population was in work |
Proportion of work force registered with trade unions |
Information not yet available |
Per capita income |
Information not yet available |
Gross Domestic Product (GDP) in billions |
£4,885 million (2019) |
Annual growth rate |
1.7% in real terms (2019) |
Gross National Income (GNI) in billions |
£4 billion (estimate in 2011) |
Consumer Price Index (CPI) |
No CPI – Jersey’s RPI was 0.9% in December 2020 |
Social expenditures (e.g. food, housing, health, education, social protection, etc.) as proportion of total expenditure and GDP |
As a percentage of total extenditure 63%. As a percentage of GDP 1.7%. |
External and domestic public debt |
External Debt of the States of Jersey: Amounts falling due within one year – States of Jersey Development Company’s Bank borrowings – 658k Amounts falling due after more than one year – States of Jersey Development Company’s Bank borrowings – 11,100k External and publicly Traded: External Bond – 244,726k |
Proportion of international assistance provided in relation to the State budget by sector and in relation to GNI |
Departmental Budgets 2019 (JOA as a % per other department) D00 – Office of the Chief Executive – 28,784,319 (36%) D05 – Chief Operating Office – 39,270,795 (26%) D10 – Children, Young People, Educat – 142,477,024 (7%) D15 – Customer and Local Services – 84,176,393 (12%) D20 – Infra, Housing & Environment – 101,237,626 (10%) D25 – Health and Community Services – 212,405,077 (5%) D30 – Justice and Home Affairs – 53,924,293 (19%) D35 – Treasury & Exchequer – 124055,290 (8%) D40 – Strategic Policy, Performance – 9,519,823 (109%) D55 – Jersey Overseas Aid – 10,340,500 (100%) D60 – Non Ministerial – 23,152,480 (45%) D65 – States Assembly – 6,592,845 (157%) General Revenue Income: – 824,179,000 (1%) |
Indicators on the political system |
|
Number of recognised political parties at the national level |
Two – Reform Jersey and The Progress Party |
Proportion of the population eligible to vote |
Information not yet available |
Proportion of non-citizen population registered to vote |
Information not yet available – at last election, 62% registered to vote |
Number of complaints about the conduct of elections registered, by type of alleged irregularity |
None |
Population coverage and breakdown of ownership of major media channels (electronic, print, audio, etc.) |
Jersey press, TV and radio provide island-wide coverage |
Number of recognised NGOs |
Not applicable |
Distribution of legislative seats by party |
Not applicable – 5 members out of 49 belong to a party |
Percentage of women in Parliament |
14 women out of 49 (28%) |
Proportions of national and sub-national elections held within the schedule laid out by law |
Not applicable |
Average voter turnouts in the national and sub-national elections by administrative unit |
Turn out was 43% at the last election. |
Indicators on crime and the administration of justice |
|
Incidence of violent death and life threatening crimes reported per 100,000 persons |
2.01 |
Number of persons and rate (per 100,000 persons) who were arrested/brought before a court convicted/sentenced/incarcerated for violent or other serious crimes (such as homicide, robbery, assault and trafficking) |
Total of 13 (12.05 per 100,000) |
Number of reported cases of sexually motivated violence (such as rape, female genital mutilation, honour crimes and acid attacks). |
Total of 36 (33.4 per 100,000) |
Maximum time of pre-trial detention (remand) |
Information not yet available |
Prison population with breakdown by offence and length of sentence |
In July 2020: Total prison population: 151. Population by sentence: less than 6 months (1); 6 months to less than 12 months (10); 12 months to less than 2 years (7); 2 years to less than 4 years (23); 4 years to less than 10 years (60); 10 years and over – not life (22). Population by length of stay Unsentenced: Less than 1 month (4); 1 to 3 months (10); 3 to 6 months (9); 6 months to 1 year (4); 2 to 4 years (1). |
Incidence of death in custody |
0 |
Number of persons executed under the death penalty per year |
0 |
Average backlog of cases per judge at different levels of the judicial system |
Information not yet available |
Number of police/security personnel per 100,000 persons |
Information not yet available |
Number of prosecutors and judges per 100,000 |
Information not yet available |
Share of public expenditure on police/security and judiciary |
Information not yet available |
Of the accused and detained persons who apply for free legal aid, the proportion of those who receive it |
Information not yet available |
Proportion of victims compensated after adjudication, by type of crime |
Information not yet available |
B.Constitutional, political and legal structure
186.The Bailiwick of Jersey is a self-governing British Crown Dependency and has its own directly elected legislative assembly, administrative, fiscal and legal system and its own courts of law. The constitutional relationship with the UK is through the Crown. This is reflected in the Royal Charters granted by successive monarchs, conferring rights on the people of Jersey.
187.The Sovereign is the Head of State and the Lieutenant-Governor is HM personal representative. The UK Government’s Lord Chancellor and Secretary of State for Justice is the Privy Counsellor who is responsible for advising the Sovereign on the exercise of her responsibilities in respect of Jersey.The UK is responsible for Jersey’s defence and for its international relations in international law. However, Jersey is not and never has been a part of the UK nor an Overseas Territory, and Jersey is not represented in the UK Parliament.
States Assembly
188.The States Assembly, or the States of Jersey as it is also known, is the Parliament of Jersey. The States Assembly is responsible for making laws, subject to Royal assent, and regulations, and for approving public expenditure and taxation. The Assembly appoints the Chief Minister and Ministers as well as chairmen and members of various committees and panels. The Assembly debates a wide variety of policy matters which can be brought forward for debate by the Council of Ministers, by Ministers or by individual members and some committees of members. Members are also able to ask questions to hold Ministers to account. Non-executive members of the States Assembly are available to sit on Scrutiny Panels, which are responsible for examining policy and holding the Council of Ministers to account. The six scrutiny panels are: Corporate Services; Economic and International Affairs (including financial services); Education and Home Affairs; Environment, Housing and Infrastructure; Health and Social Security, and the Public Accounts Committee.
Council of Ministers
189.The executive government of Jersey is the Council of Ministers, comprising the Chief Minister and eleven other Ministers, each of whom has responsibility for a department of government. In addition, there are 12 Assistant Minsters who carry out various departmental roles with their own individual remits.
190.Ministers have authority to enact secondary legislation and make decisions, which are formally recorded and published, within the framework of the Government Plan that has been approved by the States Assembly.
Judiciary and the administration of justice
191.The main elements of Jersey’s judiciary comprise the following courts and tribunals: Court of Appeal; Royal Court; Magistrate’s Court; Youth Court; Petty Debts Court; Jersey Employment and Discrimination Tribunal; Social Security Appeal Tribunal; Social Security Medical Appeal Tribunal; Income Support Medical Appeal Tribunal; Health and Safety Appeal Tribunal and the Mental Health Tribunal.
192.The Bailiff of Jersey is the head of the judiciary and the Judicial Greffe provides administrative and secretarial support to ensure the effective operation of Jersey’s courts.
193.Jersey is a separate legal jurisdiction and has a ‘mixed’ legal system, with its roots deriving from the customary law of Normandy. Modern Jersey law draws on influences from the civil and common law legal traditions. Legislation and judgements of the courts in Jersey are, with limited exceptions, freely available to the public on the Jersey Legal Information Board website.
NGOs
194.A large number of NGOs, interest groups and voluntary and charitable organisations are active in the Jersey community and make a valued contribution to civil society in the Island. This includes a variety of groups that focus on social, environmental, cultural and heritage causes.
II.General framework for the protection and promotion of human rights
A.Acceptance of international human rights norms
195.The following main international instruments have been extended to the Bailiwick of Jersey.
Main United Nations international human rights conventions and protocols
•ICERD; ICCPR; ICCPR-OP2; ICESCR; CAT; CRC; OP-CRC-AC; OP-CRC-SC; CEDAW.
Other United Nations human rights and related conventions
•Convention on the Prevention and Punishment of the Crime of Genocide; Convention relating to the Status of Refugees (and its 1967 Protocol); Convention relating to the Status of Stateless Persons; Convention on the Reduction of Statelessness.
Conventions of the International Labour Organization
•C029 – Forced Labour Convention; C081 – Labour Inspection Convention; C087 – Freedom of Association and Protection of the Right to Organise Convention; C097 – Migration for Employment Convention (Revised); C098 – Right to Organise and Collective Bargaining Convention; C102 – Social Security (Minimum Standards) Convention; C105 – Abolition of Forced Labour Convention.
Conventions of the Hague Conference on Private International Law
•Convention on the Recognition of Divorces and Legal Separations; Convention on the Recognition and Enforcement of Decisions relating to Maintenance Obligations; Convention on the Civil Aspects of International Child Abduction.
Geneva Conventions and other treaties on international humanitarian law
•Geneva 1; Geneva 2: Geneva 3; Geneva 4; Protocol 1; Protocol 2; Protocol 3; Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction.
Regional human rights instruments
•ECHR; European Convention on the Recognition of the Legal Personality of International Non-Governmental Organisations; European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment.
B.Legal framework for the protection of human rights at the national level
196.The Human Rights (Jersey) Law 2000 has incorporated the ECHR in the Island’s domestic law. This Law came into force on 10 December 2006. Human rights are also protected under the common or customary law of the Island, and by the international conventions on the protection of human rights to which the Island is a party through the UK.
C.Human rights institutions Framework within which human rights are promoted at the national level
197.The Commissioner for Children and Young People (Jersey) Law 2019 established the powers of the newly appointed Children’s Commissioner for Jersey. The role of the Commissioner is to promote and protect children and young people’s rights by examining the work of and advising organisations, including the Government of Jersey, with respect to the rights of young people.
198.Under the Commissioner sit the Youth Advisory Panel, the Adult Advisory Panel and the Audit and Risk Advisory Panel. These are composed of citizens and experts who advise on and inform the work of the Commissioner.
D.Framework within which human rights are promoted at the national level
199.The government of Jersey has published information on the implementation and remedies arising under the Human Rights (Jersey) Law 2000 on the government website and has also provided training and guidance to government departments and public authorities.
200.Jersey’s Common Policy for External Relations recognises that “international identity is developed effectively through meeting international standards and obligations, including international human rights obligations”. Jersey is aligned with the UK, USA and the EU in believing that promoting progress on human rights in countries with a poor record is best pursued through a process of constructive engagement, both at political and business levels.
III.Information on non-discrimination and equality and effective remedies
201.The States of Jersey adopted the Discrimination (Jersey) Law 2013 which prohibits acts of discrimination (both direct and indirect) on the grounds of a person’s protected characteristic. Protection extends to discrimination in areas including employment, education, access to services and accommodation. The Discrimination (Jersey) Law provides that additional protected characteristics can be protected in the future.
202.The protected characteristics for this purpose are race and nationality (including ethnic origin and national origin) sex, sexual orientation, gender reassignment and pregnancy and maternity (since 1 September 2015), age (since 1 September 2016) and disability (since 1 September 2018). Further equality legislation enacted includes: Gender Recognition (Jersey) Law 2010; the Civil Partnerships (Jersey) Law 2012 and amendments to the Marriage and Civil Status (Jersey) Law so that same sex couples can marry.
Isle of Man
I.General information
A.Demographic, economic, social and cultural characteristics
Demographic indicators |
|
Population size |
83,314 (resident population – 2016 Census): 41,269 males, 42,045 females |
Population growth rate |
2016 resident population figure represented an decrease of 1.4% on the 84,497 recorded in the 2011 Census |
Population density (people per sq km) |
145.7 |
Population distribution by mother tongue |
English is the official and overwhelmingly most used language in the Isle of Man. No question concerning language was asked in the 2016 Census therefore the information is not available. |
Population distribution by religion |
Information not available |
Population distribution by ethnic groups |
The 2011 Census recorded the following figures for the ethnicity of the resident population: White81 572(96.5%) Mixed748(0.9%) Asian/Asian British1 624(1.9%) Black/Black British199(0.2%) Other354(0.4%) |
Age-composition |
From 2016 Census: AgeMale Female Total 0–4 2 186 1 958 4 144 5–9 2 436 2 297 4 733 10–14 2 346 2 123 4 469 15–19 2 506 2 283 4 789 20–24 2 252 2 170 4 422 25–29 2 131 2 195 4 326 30–34 2 148 2 358 4 506 35–39 2 371 2 502 4 873 40–44 2 715 2 8975 612 45–49 3 255 3 242 6 497 50–54 3 359 3 322 6 681 55–59 2 889 2 998 5 887 60–64 2 612 2 558 5 170 65–69 2 715 2 762 5 441 70–74 2 074 2 138 4 212 75–79 1 529 1 626 3 155 80–84 958 1 171 2 129 85+ 7871 4812 268 |
Dependency ratio – Percentage of population under 15 |
16.% of the resident population under 15 years (2016 Census) |
Dependency ratio – Percentage of population over 65 |
19.4% of the resident population 65 years and older (2016 Census) |
Birth rate (per 1,000 population) |
Total number of births between 1 Jan and 31 Dec 2016: 758 (9.1 birth rate per 1,000 population). |
Life expectancy – years at birth |
|
Men |
78.9 (2016–18 estimate) |
Women |
83 (2016–18 estimate) |
Total fertility rate – children per woman |
As of 2016–18, Number of births: 2192 Number of females: 43215 General Fertility Rate (live births per 1,000 females age 15–44): 50.7 |
Average household size |
2.28 persons (2016 Census) |
Proportion of single–parent households |
5.3% 84.7% of single–parent families are headed by women. 37.4% of all households are headed by women. |
Social, economic and cultural indicators |
|
Share of (household) consumption expenditures on food, housing, health and education |
Food: 7% Housing & Fuel: 11% Health: 1% Education: 2% |
Proportion of population below the national poverty line |
Information not yet available |
Proportion of population below the minimum level of dietary consumption |
Information not yet available |
Gini coefficient (relating to distribution of income) |
Information not yet available |
Prevalence of underweight childrenunder 4–5 |
2018–19: 0.5% |
Infant and maternal mortality rates (per 1,000 live births) |
2016–18 Infant mortality rate: 4.7 Maternal mortality: 0 |
Percentage of women of child/bearing age using contraception or whose partner is using contraception |
From EMIS GP Search and ReportNumber of Women of Childbearing Age at the end of 2019 (15–44 according to NHS Digital): 14526 Number of Women From above population on contraception (where they have been coded in EMIS as being on contraception OR issued contraception): 9554 From Children and Family TeamNumber of Women of Child Bearing Age at the end of 2019 (14–35+): 1967Number of Women From above population on contraception: 1379 |
Medical termination of pregnancy as proportion of live births |
Information not yet available |
Rates of infection of HIV/AIDS and major communicable diseases |
There are 42 patients on Island who have HIV or AIDs |
Prevalence of major communicable and non-communicable diseases |
2017–2019 rates for persons aged under 75, European age–standardised per 100,000 population: Mortality from all cardiovascular disease = 74.7 (95% CI: 63.8 to 85.6) Mortality from heart disease = 46.5 (95% CI: 38.0 to 55.1) Mortality from cancer = 155.5 (95% CI: 139.9 to 171.3) Mortality from respiratory disease = 31.8 (95% CI: 24.7 to 39.0) Mortality from liver disease = 14.4 (95% CI: 9.7 to 19.2) |
Ten major causes of death |
2017–19: Neoplasms: 782 deaths Diseases of the circulatory system: 662 deaths Diseases of the respiratory system: 377 deaths Mental and behavioural disorders: 228 deaths Diseases of the Nervous System: 151 deaths Diseases of the digestive system: 115 deaths External causes of morbidity and mortality: 110 deaths Diseases of the genitourinary system: 61 deaths Certain infectious and parasitic diseases: 27 deaths Endocrine, nutritional and metabolic diseases: 27 deaths |
Net enrolement ratio in primary and secondary education |
2016: In primary, public funded schools: 98.46% (does not include Home educated or privately educated pupils) 2016: In secondary, publically funded schools: 96.83% (does not include Home educated or privately educated pupils) |
Attendance and drop–out rates in primary and secondary education |
Primary = 95.2% Secondary = 92.2% (Based on the last ‘normal’ set of figures pre Covid–19 – 2018/2019) |
Teacher-student ratio in public funded schools |
As of the academic year starting 2020/2021 there were 11,569 pupils in maintained primary and secondary schools and 788.62fte teachers. The teacher: student ratio would be 1:14.67 |
Literacy rates (adult) |
Information not yet available |
Unemployment rate |
2.1% (September 2020) |
Employment by major sectors of economic activity, including formal and informal sectors |
The information below from the 2016 Census shows the approximate percentages by sector of those employed at that time in the Isle of Man: Sector% Agriculture, forestry, fishing2 Manufacturing: Food & Drink1.2 Manufacturing: Engineering2.4 Manufacturing: Other 1.1 Mines & Quarrying0.1 Construction8.4 Electricity, Water, Gas and other Energy1.2 Transport and communication5.9 Wholesale distribution1 Retail distribution7.8 Insurance4.5 Banking5.5 Other Financial Institutions2.7 Property Owning & Management1.4 Other Business Services3.1 Entertainment & Catering4.2 eGaming1.6 Miscellaneous services9.3 Public administration7.3 Corporate Service Providers3.8 |
Work participation rates |
At the 2016 Census, 51.3% of the population was found to be economically active |
Proportion of work force registered with trade unions |
Information not yet available |
Per capita income |
£65,163 (2018/19) |
Gross Domestic Product (GDP) |
£5.4 bn (2018/19) |
Annual growth rate |
1.9% |
Gross National Income (GNI) |
£5.3 bn (2018/19) |
Consumer Price Index (CPI) |
–1.3% (September 2020) |
Social expenditures (e.g. food, housing, health, education, social protection, etc.) as proportion of total expenditure and GDP |
Proportion of Public Expenditure Education: 13% Food & Fisheries: 1% Health: 28% Housing: 0% Social Security: 35% Proportion of GDP Education: 2% Food & Fisheries: 0% Health: 4% Housing: 0% Social Security: 5% |
External and domestic public debt |
Information not yet available |
Proportion of international assistance provided in relation to the State budget by sector and in relation to GNI |
Information not yet available |
Indicators on the political system |
|
Number of recognised political parties at the national level |
3 |
Proportion of the population eligible to vote |
Anyone age 16 and over can vote in the Isle of Man, provided they have resided on the Isle of Man for one year. At the time of the 2016 census the population aged 16 and over was 69,081 which equates to 82.9% of the population. |
Proportion of non–citizen population registered to vote |
Figures not available – at the time of registration a person must have been resident on the Island for 12 months. |
Number of complaints about the conduct of elections registered, by type of alleged irregularity |
1 complaint was received regarding the management of a count venue during the 2016 General election. All concerns raised were refuted by the Returning Officer. |
Population coverage and breakdown of ownership of major media channels (electronic, print, audio, etc.) |
UK national media, together with Isle of Man radio stations and press have Island–wide coverage. |
Number of recognised NGOs |
There are currently 699 charities registered under the Charities Registration and Regulation Act 2019. A list of currently registered charities is available on the gov.im website. |
Distribution of legislative seats by party |
1 House of Keys seat is held by a member of the Lib Vannin Party, the rest are independent |
Percentage of women in Parliament |
20.8% House of Keys 55.5% Legislative Council |
Proportions of national and sub–national elections held within the schedule laid out by law |
100% |
Average voter turnouts in the national and sub–national elections by administrative unit |
At the 2016 General Election of the total of 59,963 persons registered to vote across the 12 constitutencies 31,757 votes (or 53%) were cast. |
Indicators on crime and the administration of justice |
|
Incidence of violent death and life threatening crimes reported per 100,000 persons |
36 (43.2 per 100,000 persons) in 2019–2020 |
Number of persons and rate (per 100,000 persons) who were arrested/brought before a court convicted/sentenced/incarcerated for violent or other serious crimes (such as homicide, robbery, assault and trafficking) |
722 (86.6 per 100,000 persons) in 2019–2020 |
Number of reported cases of sexually motivated violence (such as rape, female genital mutilation, honour crimes and acid attacks). |
733 in 2019–2020 |
Maximum time of pre–trial detention (remand) |
654 |
Prison population with breakdown by offence and length of sentence |
As of December 201916: Unsentenced: 30 Less than 1 month: 14 1 to 6 months: 4 6 to 12 months: 2 12 to 48 months: 16 48 to 120 months: 30 More than 120 months: 10 Life: 0 Total: 106 |
Incidence of death in custody |
2019: 0 |
Number of persons executed under the death penalty per year |
0 |
Average backlog of cases per judge at different levels of the judicial system |
Nil |
Number of police/security personnel per 100,000 persons |
231 (277.3 per 100,000 persons) in 2019–2020 |
Number of prosecutors and judges per 100,000 |
Prosecutors: 7 Judges: Full–time salaried staff: 3 Deemsters, a high Bailiff, a Deputy High Bailiff and a Judge of Appeal. Non–salaried staff: Panel Deemsters brought in as required and paid on a per day basis. Magistrates are drawn from a panel but do you receive any pay however they have the option to claim relevant exenses (i.e. travel expenses). The numbers for non–salaried staff varies however it is approximately 30+ for both. |
Share of public expenditure on police/security and judiciary |
As of 2018–19: General registry expenditure: 0.47% Isle of Man Constabulary Expenditure: 1.48% Prison & probation: 0.82% Legal Costs Reserve total Expenditure: 0.1% |
Of the accused and detained persons who apply for free legal aid, the proportion of those who receive it |
In 2020, 427 persons applied for free legal aid, and it was granted to 398 persons (93%). |
Proportion of victims compensated after adjudication, by type of crime |
Breakdown of incident type for applications receieved between 2014–2019: Total applications: 163 Physical indury: 104 Sexual Assault/Rape: 59 Injury sustained in Douglas: 91 (55.8%) Injury sustained rest of Island: 72 (44.2%) In total, 65 cases have been awarded, with 22 rejected, 1 withdrawn and 73 outstanding. |
B.Constitutional, political and legal structure
203.The Isle of Man is a self–governing dependency of the British Crown (“a Crown Dependency”) with its own directly elected legislature, administrative, fiscal and legal systems and its own courts of law. The Sovereign, in Her role as Lord of Mann, is the Island’s Head of State and the Lieutenant–Governor is Her Majesty’s personal representative in the Island. The Isle of Man is not, and never has been, a part of the UK but the UK Government, on behalf of the Crown, is responsible for the Island’s defence, international relations and good government.
Tynwald
204.Tynwald, the Isle of Man’s ancient Parliament, consists of two Branches: the popularly elected House of Keys and the Legislative Council, which is largely elected by the Members of the House of Keys. The House of Keys consists of 24 Members who are elected to a number of constituencies at a General Election every five years. After each General Election the Members of the House of Keys elect one of their number to be the presiding officer (the Speaker). Although there have been some moves towards the establishment of political parties, the large majority of elected Members are independents. The Legislative Council consists of 8 Members who are elected by the Members of the Keys for a term of four years (this is staggered so that four Members are elected by the House of Keys each time); and the Lord Bishop (who can vote) and HM Attorney General (who does not have a vote) as ex officio Members. The Legislative Council is chaired by the President of Tynwald who is elected for a term of five years by the Members of both Branches sitting together.
205.The main purpose of the House of Keys and the Legislative Council when they sit separately is to pass primary legislation (“Acts of Tynwald”), with the Legislative Council acting as a revising chamber. Bills pass through similar stages in the Branches of Tynwald as Bills in the Parliament at Westminster. Bills require Royal Assent from the Sovereign to become law, although this process is now largely delegated to the Lieutenant Governor. The backbench Members of Tynwald, both through Tynwald Committees and individually, scrutinise the Executive and hold it to account. On 5 July each year, Tynwald Court assembles to conduct parliamentary business and receive petitions for redress of grievance from residents of the Island. Acts of Tynwald which have passed in the previous year are “promulgated” from Tynwald Hill on this occasion (a summary of each Act is read out in both English and the Manx Gaelic language). Any Act that is not promulgated within a period of 18 months beginning on the date on which it is passed ceases to have effect.
Executive
206.The Isle of Man has a ministerial system of government. The political head of the Isle of Man Government is the Chief Minister, who is chosen by the House of Keys from its own ranks after each General Election and who is then appointed on the basis of the Keys’ nomination by the Lieutenant Governor. The Chief Minister subsequently selects his or her Ministers (who are formally appointed by the Lieutenant Governor acting on the advice and concurrence of the Chief Minister) who have responsibility for the eight government departments. The Chief Minister and his Ministers form the Council of Ministers, the Manx Cabinet, which coordinates the work of the departments on the principles of corporate governance and collective responsibility.
207.The Council of Ministers is responsible to, and seeks the approval of, Tynwald for major Isle of Man policy initiatives. Unless the Chief Minister resigns, he or she holds office until the next General Election of members of the House of Keys or a sitting of the Keysat which a resolution is passed by the affirmative vote of at least 16 members that it has no confidence in the Council of Ministers. Ministers hold office during the pleasure of the Governor, acting on the advice and with the concurrence of the Chief Minister or unless there is a successful motion of no confidence as referred to above.
Judiciary and the administration of justice
208.Although English law does not extend to the Isle of Man, the Manx legal system is based on the principles of English Common Law, adapted to meet the Island’s special circumstances, particularly with regard to direct taxation, company law and financial supervision.
209.The Isle of Man Courts of Justice consists of: the Staff of Government Division of the High Court of Justice (effectively the Isle of Man’s Court of Appeal); the High Court (which has two divisions: Civil Division; and Court of General Gaol Delivery (criminal matters)); the Summary Court and Magistrates Court (dealing with less serious criminal matters); the Coroner of Inquests; and other Courts (Commissions Rogatoire (which requests evidence from foreign jurisdictions); Court of Summary Jurisdiction Financial Provision (dealing with the maintenance for non–marital children); Treasure Trove (the High Bailiff hears Treasure Trove inquests); Tribunals; Licensing Court; and the Juvenile Court). Final appeals from the Staff of Government (Appeal Division) go to the JCPC in London.
210.Lawyers in the Isle of Man are known as advocates, which combines the roles of solicitors and barristers in England and Wales. Manx advocates perform a wide range of work and have an exclusive right of audience in the Island’s courts (although barristers from England and Wales can be licensed to appear in certain cases). Other legal work (except conveyancing) can be undertaken in the Island by registered practitioners qualified to practise in other jurisdictions.
NGOs
211.Civil society/third sector bodies are important in the Isle of Man. Charities that operate in the Isle of Man must (with certain limited exemptions) be registered with the Attorney General under the Charities Registration and Regulation Act 2019. In addition to purely domestic NGOs a number of UK based bodies (for example in the area of international development aid) have branches in the Isle of Man.
II.General framework for the protection and promotion of human rights
A.Acceptance of international human rights norms
212.The following main international instruments have been extended to the Isle of Man.
Main United Nations international human rights conventions and protocols
•ICERD; ICCPR; ICCPR–OP2; ICESCR; CEDAW; OP–CEDAW; CAT; OP–CAT; CRC.
Other United Nations human rights and related conventions
•Convention on the Prevention and Punishment of the Crime of Genocide; Convention relating to the Status of Refugees (and 1967 Protocol); Convention relating to the Status of Stateless Persons; Convention on the Reduction of Statelessness; Rome Statute of the International Criminal Court; United Nations Convention against Transnational Organized Crime.
Conventions of the International Labour Organization
•C029 – Forced Labour Convention; C081 – Labour Inspection Convention; C087 – Freedom of Association and Protection of the Right to Organise Convention; C097 – Migration for Employment Convention (Revised); C098 – Right to Organise and Collective Bargaining Convention; C102 – Social Security (Minimum Standards) Convention; C105 – Abolition of Forced Labour Convention; C122 – Employment Policy Convention.
Conventions of the Hague Conference on Private International Law
•Convention on the Recognition of Divorces and Legal Separations; Convention on the Recognition and Enforcement of Decisions relating to Maintenance Obligations; Convention on the Civil Aspects of International Child Abduction; Convention on Protection of Children and Co–operation in respect of Intercountry Adoption.
Geneva Conventions and other treaties on international humanitarian law
•Geneva 1; Geneva 2: Geneva 3; Geneva 4; Protocol 1; Protocol 2; Protocol 3; Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti–Personnel Mines and on their Destruction; Convention on Cluster Munitions.
Regional human rights instruments
•ECHR; European Social Charter (1961); European Convention on the Recognition of the Legal Personality of International Non–Governmental Organisations; European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment; European Charter for Regional or Minority Languages.
B.Legal framework for the protection of human rights at the national level
213.The Human Rights Act 2001 enables a person who believes that their ECHR rights have been breached to complain directly to the appropriate court or tribunal and receive a remedy including damages if a breach is found. Each Bill that is introduced in Tynwald must include a statement on whether its provisions are considered to be compatible with the Convention rights within the meaning of the Human Rights Act 2001. The Act also requires all legislation to be interpreted and given effect as far as possible in a way that is compatible with the Convention rights. The High Court (or, on appeal, the JCPC) can declare that an Act of Tynwald cannot be given a meaning compatible with the Convention rights; it would then be for the Isle of Man Government and, ultimately, Tynwald to decide whether and how to amend the legislation (higher courts may quash/disapply subordinate legislation if incompatible with the ECHR). Under the Human Rights Act, it is unlawful for a public authority, including courts and tribunals, to act incompatibly with the Convention rights. In addition, the Island’s courts and tribunals must take account of the case law of the European Court of Human Rights.
214.The Isle of Man has a legal aid scheme in place, available in criminal and civil cases, which is administered by the Island’s Courts and Treasury respectively.
215.The Isle of Man Criminal Injuries Compensation Scheme allows financial awards to be made to victims of crimes of violence.
216.The Data Protection Act 2018 protects the processing of personal data. An independent Information Commissioner monitors and enforces compliance with data protection and freedom of information legislation.
217.Complaints on police conduct are investigated by the Isle of Man Police Complaints Commissioner.
C.Framework within which human rights are promoted at the national level
218.Information, including guidance, about the Human Rights Act 2001 and the ECHR, is available on the Isle of Man Government’s website. There is also guidance for public servants on the obligations of public authorities under the Act.
III.Information on non-discrimination and equality and effective remedies
219.The Isle of Man’s Equality Act 2017 (closely based on the UK’s Equality Act 2010) came fully into operation on 1 January 2020. This covers the same protected characteristics as the UK Act: age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion or belief; sex; sexual orientation. A person who considers that they have been subject to unlawful discrimination can take a case to the Employment and Equality Tribunal.
220.Both opposite sex and same sex couples can marry or enter into a civil partnership under the Marriage Act 1984 and Civil Partnership Act 2011 as amended by Marriage and Civil Partnership (Amendment) Act 2016.
221.In addition, the Gender Recognition Act 2009 provides for legal recognition of a transsexual/transgender person’s acquired sex.