TNAG-0918-FCO40-1129-Human-rights-in-Hong-Kong-1977 — Page 26

CODE 18-77

$3 10/76

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Reference

e) The New Hebrides Anglo-French condominium was probably thought too difficult in 1953, when France itself had not yet accepted the Convention. France ratified the Convention in 1974, but has not accepted the right of individual petition.

Right of Individual Petition

4. In the twenty-one overseas territories where the Convention applies, the right of individual petition is currently in force (until 13 January 1981) in all except eight:

Montserrat

Turks and Caicos Islands

Antigua

Dominica

St Christopher-Nevis-Anguilla

St Vincent

Brunei

Isle of Man

a) Montserrat have specifically asked for the declaration of their acceptance to be postponed until the outcome of the Isle of Man birching case.

b) Turks and Caicos Islands when consulted last year asked to be told the "practical benefits or otherwise of extending these articles to this territory, since their relevance at this distance seems questionable." encouraged them then and with WIAD we are taking the matter up again.

We

c) Antigua, Dominica, St Christopher-Nevis-Anguilla and St Vincent (the Associated States of the Eastern Caribbean). When the optional Articles 25 and 46 were first accepted for Dependent Territories in 1967, we declared on behalf of St Lucia, Dominica and St Vincent only. The right of individual petition to Strasbourg has thus never applied in Antigua or St Christopher-Nevis- Anguilla. St Vincent's declaration lapsed in 1972; Dominica's in 1976.

d) Brunei accepted the right of individual petition in 1967 at the same time as the Convention was extended to the State. The declaration was renewed in 1970 and expired in 1972, by mutual agreement.

e) Isle of Man. While the Tyrer birching case is still undecided there is little prospect that the Isle of Man will agree to renew their declaration. (They have suggested making a qualified declaration, excluding birching from its provisions; we have not agreed to this.) The right of individual petition to Strasbourg lapsed in the Isle of Man in 1976.

5.

Against this background, I do not think it is unfair to claim that, in general, HMG has successfully encouraged the dependent territories to accept the Convention, and also the right of individual petition to the Commission. As to the action taken to continue this encouragement, the position is as follows.

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