§ Lord Lester of Herne Hillasked Her Majesty's Government:
Further to their Written Answer of 14 February 1995 (H.L. col. WA29) for what period of time was the right of individual petition, under the European Convention on Human Rights, accepted by the United Kingdom in relation to the Cayman Islands and the British Virgin Islands, respectively.
§ The Minister of State, Foreign and Commonwealth Office (Baroness Chalker of Wallasey)Declarations made by the Government of the United Kingdom under Article 63(4) of the European Convention on Human Rights are published as Command Papers. The answer to the noble Lord's question can be found in the relevant entries in the Treaty Series and the supplementary lists thereto.
§ Lord Lester of Herne Hillasked Her Majesty's Government:
Further to their Written Answer of 14 February 1995 (H.L. col. WA29) what were their reasons for deciding not to renew the right of individual petition, in January 1986, in respect of the Cayman Islands and the British Virgin Islands, respectively, pursuant to Article 63(4) of the European Convention on Human Rights.
§ Baroness Chalker of WallaseyThe right of individual petition has not been renewed in respect of the territories concerned pending a review of legislation in those territories.
§ Lord Lester of Herne Hillasked Her Majesty's Government:
Whether they will amend the constitutions of the Cayman Islands and of the British Virgin Islands, so as to give effective legal protection to the fundamental rights and freedoms recognised by the European Convention on Human Rights and/or by the International Covenant on Civil and Political Rights; and, if not, why not.
§ Baroness Chalker of WallaseyWe are satisfied that the obligations accepted on behalf of both territories under the convention and the covenant are fulfilled. The question of how to give further legal protection to human rights and fundamental freedoms in the Cayman Islands is currently under consideration by a Select Committee of the Cayman Islands Legislative Assembly. Such questions will also be considered by the new Legislative Council in the British Virgin Islands following the General Election on 20 February.
§ Lord Lester of Herne Hillasked Her Majesty's Government:
Whether they will renew the right of individual petition, pursuant to Article 63(4) of the European 98WA Convention on Human Rights, in respect of the Cayman Islands and the British Virgin Islands, respectively; and if not, why not.
§ Baroness Chalker of WallaseyThe decision whether to renew the right of individual petition is for the Governments of the British Virgin Islands and of the Cayman Islands in conjunction with us. That matter is kept under review from time to time.
§ Lord Lester of Herne Hillasked Her Majesty's Government:
How many applications have been made, under Article 25 of the European Convention on Human Rights, by persons within the jurisdiction of the United Kingdom in the Cayman Islands and the British Virgin Islands, respectively, complaining of violations of the Convention; what was the nature of the violations alleged; and what was the outcome of the complaints.
§ Baroness Chalker of WallaseyWe are not aware of any such applications having been made by persons in the Cayman Islands or the British Virgin Islands. However not all applications are communicated to us and not all applications declared inadmissible specify the territory of origin.