Reference.
C:
6.
Acceptance of the Convention. We have not raised this matter recently with the five territories concerned. I am not at all hopeful about Hong Kong; Pitcairn may well be willing to accept; British Antarctic Territory does not really seem to qualify for a "human" rights Convention; it may be possible to bring BIOT in; while the New Hebrides, as well as being under joint French and British administration, are in the throes of a constitutional evolution which may shortly make the territory independent and thus ineligible. The relevant departments may wish to comment on whether it would now be appropriate to approach these five territories about accepting the Convention.
7. As regards the eight territories where the right of individual petition does not apply, it is true that "no pressure has in the past been put' on them. (I assume you were referring in your paragraph 3 to acceptance of Article 25.) But we have not undertaken to do more than "encourage" and I do not thank that "pressure" would be either proper or possible. In our round of consultations last year we did in fact point out the advantages of accepting the right of individual petition, but thought it only fáir to draw the territories' attention to the possible implications of the Tyrer case. Some were prepared to discount these; others were not. We could certainly put the issues to them again. Perhaps the relevant departments to whom this minute is copied could comment also on the desirability of doing so. (SEAD may have views in particular about Brunei, which was not included in the round of consultations last year.)
I am sending copies of this minute and of yours to MCD, WIAD, SAD, PUTD, SEAD, EAD, HK&GD, SED and Legal Advisers.
8*
CODE 18-77
35 10/76
9 June 1977
02-0
A
A
ADS Goodall
Western European Department
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