TNAG-1126-FCO40-1401-Homosexuality-in-the-Dependent-Territories-1982 — Page 21

CC

Ms Borland

DEPENDENT TERRITORIES:

1.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Your minute of 25 February refers.

2. There are seven dependent territories, viz:-

Anguilla

Bermuda

Cayman Islands

Falkland Islands

Gibraltar

St Helena

4KG 380/1

Turks & Caicos

which has recognised: -

Fai

a)

the competence of the European Commission to reczeve petitions

Bul

!! week for

SED

reply.

b)

NOMO

the jurisdiction of the European Court of Human Rights

for a further period of five years expiring Janaury 1986 (Command 8488 refers).

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3. As I understand the position (but Mr Livesey may wish to seek Legal Advisers views), There is no obligation on any dependent territory to amend eg. Local Law on homosexuality or corporal punishment etc, until such time as

as there has been a successful petition, on the matter at issue, to the Commission and a judgement against the territory by the European Courts. In other words (again, as I understand the position) the relevance of the Isle of Man birching case, which was brought to the attention of dependent territories, was not that the territory had to abolish corporal punishment, but that there might be a successful petition etc, from the territory.

-

4. If there were such a successful petition etc from a territory, then as a first step we would no doubt seek to persuade the territory to amend the offending law. If this is not successful in most cases it would probably be then most if not all colonial constitutions contain a provision (see eg. sec 44 of the BVI Constitution, 1976) whereby the Governor can ensure the passage of a Bill through the LegislationES. In most cases this power is circumscribed so it would be a question for decision at the time whether it could appropriately be used in the circumstances of the case in question.

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SED

SAMD

CODE 18.77

WED

Mr Livesey, HK&G

Mrs Vittery

Mr Herdman

Miss Doig

pPkw w

W W Wallace WIAD

(5.