UNITED NATIONS E Economic and Social Distr. Council GENERAL E/C.12/GBR/5/Add.2 14 February 2008 Original: ENGLISH Substantive session of 2008 IMPLEMENTATION OF THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS Fifth periodic reports submitted by States parties under articles 16 and 17 of the Covenant Addendum UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND OVERSEAS TERRITORIES1 [7 August 2007] 1 The Pitcairn Islands did not have significant developments to highlight in respect of the previous report and no update was received from Montserrat. An overview of the developments in the British Overseas Territories is provided in the fifth periodic report of the United Kingdom of Great Britain and Northern Ireland on its implementation of the Covenant (E/C.12/GBR/5, paras. 24-33). GE.08-40499 (E) 030408 E/C.12/GBR/5/Add.2 page 2 CONTENTS Paragraphs Page CHAPTER 1. REPORT FROM BERMUDA ............................................. 1 - 183 3 CHAPTER 2. REPORT FROM THE BRITISH VIRGIN ISLANDS ....... 184 - 216 40 CHAPTER 3. REPORT FROM THE CAYMAN ISLANDS .................... 217 - 385 48 CHAPTER 4. REPORT FROM THE FALKLAND ISLANDS ................ 386 - 439 83 CHAPTER 5. REPORT FROM GIBRALTAR .......................................... 440 - 631 95 CHAPTER 6. REPORT FROM ST HELENA ........................................... 632 - 692 129 CHAPTER 7. REPORT FROM THE TURK AND CAICOS ISLANDS ............................................................. 693 - 711 146 E/C.12/GBR/5/Add.2 page 3 CHAPTER 1. REPORT FROM BERMUDA 1. Statistics (includes the sections “land and people” and “economic, social and cultural characteristics”) Population • 64,009 (Bermuda - in 2007) Number of men per 100 women • 92 (Bermuda - in 2007) Percentage of population under 15 • 17.8% (Bermuda - in 2007) Percentage of population over 65 • 11.2% (Bermuda - in 2007) Percentage of population in urban areas • 100% (Bermuda - in 2007) Religion • Christian - mainly Anglican and Roman Catholic (Bermuda) GDP2 • £2.7 billion (Bermuda - in 2005) GDP per head3 • £42,032 (Bermuda - in 2005) Inflation • 3.1% (Bermuda - in 2006) Government Deficit/Surplus4 • -£53.2 billion (Bermuda - in 2005) Government Debt5 • £130.1million (Bermuda - in 2005) Employment rate • 82.5% (Bermuda - in 2000)6 Adult Literacy • Prose literacy score: 289.8, Document literacy score: 280.0, Numeracy score: 269.7, Problem solving score: 272.8 out of a total of 500 points for each domain (Bermuda - in 2003) Languages • English and Portuguese (Bermuda). Life Expectancy • 76.3 - M; 81.7 - F (Bermuda - in 2007) Infant Mortality - number of deaths of • 2.4 (Bermuda - in 2005) children aged under 1 year per 1,000 live births Fertility rate (per woman) • 1.74 (Bermuda - in 2000). 2. General Political Structure 1. Bermuda is a United Kingdom Internally Self-Governing Territory. Bermuda has a parliamentary system of government. The Constitution of Bermuda, adopted in 1968 and amended in 1973, 1979, 1989 and 2003 contains provisions relating to the protection of fundamental rights and freedoms of individuals. The Queen and the Government of the 2 Expressed in GBP £. 3 Expressed in GBP £. 4 Expressed in GBP £. 5 Expressed in GBP £. 6 Population aged 16-64 years. E/C.12/GBR/5/Add.2 page 4 United Kingdom appoint the Governor, after consultation with the Premier. The Premier is the individual who commands the confidence of a majority of the Members of the House of Assembly and heads a Cabinet of no more than 14 members of the legislature. The Governor is responsible for defence, external affairs, internal security and the Police. The Government of Bermuda comprises a Governor, a Deputy Governor, a Premier, a Cabinet and a bicameral legislature with a House of Assembly of 36 members directly elected for a term not exceeding five years and a Senate of 11 appointed members. 2. Bermuda’s law and legal system are based on English Common Law, English statute law (in force since 1612) and Acts of the Bermuda Parliament passed since that time. The judiciary is a separate and independent body from the Government and its members are not elected, but appointed on the advice of the Chief Justice. As per Bermuda’s Constitution, the Chief Justice is appointed by the Governor, acting after consultation with the Premier who shall first have consulted the Opposition Leader. There are three Courts presiding in Bermuda, namely, the Magistrates’ Court, the Supreme Court and the Court of Appeal. 3. In 1963 Bermuda’s first political party to contest a general election, the Progressive Labour Party was formed by Black Bermudians in a white controlled political and economic system. In 1964 the United Bermuda Party was formed by sitting members of Parliament. Bermuda was racially segregated during this time, the legacy of which persists in modern Bermuda. Rampant discrimination was also demonstrated by the lack of universal suffrage and a property based franchise. 4. In the General Election held on November 9th, 1998, the Progressive Labour Party won a majority of 12 seats in the territorial legislature, defeating the United Bermuda Party and taking power for the first time. In the next General Election, which took place on July 24th, 2003, the PLP won 22 of the 36 seats. On October 30th, 2006 following the election of the Honourable Dr. Ewart Brown as the leader of the governing Progressive Labour Party, he was sworn in as the Premier of Bermuda. 3. General legal framework within which human rights are protected 5. There are several statutory and non-statutory instruments that guide human rights initiatives in Bermuda: − The Bermuda Constitution Order, 1968; − The Human Rights Act 1981, which was amended in 1995, 1998, 2000 and 2006; − The Employment Act of 2000 which covers employment protections but speaks to non-discriminatory workforce practices; − A review of the Convention for the Elimination of Discrimination Against Women (CEDAW), to which Bermuda is not a signatory but which prompted a review of all Bermuda Statutes to identify areas where the law might be discriminatory on the grounds of sex; E/C.12/GBR/5/Add.2 page 5 − The Commission for Unity and Racial Equality (CURE) Act 1994, which establishes the Commission with the mandate of: 1) tackling racial discrimination and institutional racial discrimination; promoting equality of opportunity; and promoting good relations between people of different races. The CURE Act was amended in 2005 to allow for CURE to collect data from employers not only on levels of employment by race, but by gender and Bermudian status as well; − The 1997 voluntary Code of Practice for the Elimination of Racial Discrimination and the Promotion of Equality of Opportunity in Employment; − The Universal Declaration of Human Rights (UDHR); − The Convention for the Elimination of Racial Discrimination (CERD); − The Convention on Human Rights (for Human Rights day); − The Code of Conduct for Human Rights Commissioners, an in-house document which serves as a guide, resource and training tool; − Commissions of Inquiry Act 1935, which guides the procedures of Commissions of inquiry appointed to address matters of a public nature. 6. In 1981, Parliament passed the Human Rights Act. Shortly thereafter the Human Rights Commission (HRC) was established to administer this act. The Commission consists of twelve Commissioners, who are drawn from various sectors of the community, and are supported by a staff of civil servants: an Executive Officer, two investigations officers, and an administrative assistant. 7. As representatives of multiple aspects of Bermuda’s society, the Commissioners are committed to promoting fairness and healthy relations amongst the people of Bermuda. Their mission is to protect the rights and welfare of everyone by thoroughly addressing complaints of unfair and discriminatory practices contrary to the provisions of the Human Rights Act, 1981. Addressing human rights in Bermuda is an area that requires attention and gains prominence each year. Continuous efforts are needed to make sure that equitable opportunities are available to all. Human Rights Protections 8. The Act declares it unlawful to discriminate7 against individuals on the basis (grounds) of: − Race; 7 A person shall be deemed to discriminate against another when he or she treats someone less favourably than someone else, or deliberately refuses to enter into a contract or agreement with someone, on like terms, on the basis of the protected grounds. E/C.12/GBR/5/Add.2 page 6 − Sex (including the right to equal pay); − Place of origin; − Colour or ethnic or national origins; − Religion or beliefs; − Political opinions; − Marital status; − Family status/pregnancy (has or is likely to have a child, whether born in lawful wedlock or not); − Disability (see Part I of the Human Rights Act 1981 for the detailed definition and interpretation of the condition of being disabled); − Pregnancy; − Criminal Conviction. 9. The corresponding areas of protection under the Act are: − Employment; − Accommodation; − Supply of goods, facilities and services; − Contracts; − Public notices; − Membership in clubs, organisations; and − Membership in trade unions. 10. The Act also seeks to protect individuals from racial incitement, harassment based on race, color, ancestry or place of origin, sexual harassment and reprisal action. The latter protection assures that persons may not be treated prejudicially if they lodge a complaint participate in any way in a proceeding under the Act. 11. The right to “equal pay for equal work” is also provided for under the Act, which must be made out with one of the grounds above. The right to equal pay for equal work is operationalised with the understanding that individuals are regarded as employed for substantially the same work if their work is broadly similar in nature and the differences (if any) are not of practical importance vis-à-vis the terms and conditions of employment. A determination on the “value” of the work is made with regard to the demands of skill, experience, effort and responsibility.