TNAG-2321-FCO40-3365-Human-rights-in-Hong-Kong-1991 — Page 351

BACKGROUND AND ARGUMENT

3. The Convention was adopted unanimously at the United Nations

General Assembly on 20 November 1989 and opened for signature on 26

January 1990. The UK signed on 19 April 1990. So far 93 countries

have ratified including 4 EC partners and the Nordics.

4. A Ministerial meeting in February 1991 agreed six areas where the UK would have to protect its position by reserving when

has ratifying the Convention. The Department of Health have since

decided that a further reservation will be required. The

reservations are now being drafted by Legal Advisers.

then require final clearance from home departments and the UK

Islands.

They will

X

5.

Ratification for the UK is further complicated by our responsibility for the Dependent Territories. When initially consulted most Dependent Territories expressed a desire to consider

the areas of the UK mainland reservations before commenting on their

own. The results of the February Ministerial meeting were

subsequently communicated to them. Seven of the eleven territories have now replied enumerating their areas of reservation. Gibraltar remains adamently opposed. We await responses from the remainder (Bermuda, Anguilla and Turks & Caicos).

Eight

6. We should be in a position to ratify for the UK, the Channel

Islands and the Isle of Man following the publication of the

Convention on 23 October, and after its laying before Parliament for

the required 21 sitting days, provided we can get agreement within

Whitehall and the Islands on the precise text of the reservations.

We should also be able to ratify for the majority of those

Depdendent Territories who have enumerated on areas of reservation.

But we would certainly not be able to ratify within this time-frame

for those Dependent Territories who have not yet replied. Nor, for

reasons relating to the need to consult with the Chinese under the