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United Kingdom of Great Britain and Northern Ireland - Annex C: The Overseas Territories - Annex to State Party Report [2010] UNCERDSPR 22; INT/CERD/ADR/GBR/20062 (13 October 2010)

ANNEX C: THE OVERSEAS TERRITORIES

This Part of the contains updates on the following Overseas Territories: Anguilla; Bermuda, the British Virgin Islands; the Cayman Islands; the Falkland Islands; Gibraltar; Montserrat; St Helena, Ascension and Tristan da Cunha; the Turks and Caicos Islands.

In providing a response to the Committee, the United Kingdom would reiterate that the Convention does not apply to the British Indian Ocean Territory. The United Kingdom does not consider Article 2 paragraph 2 of the Convention relevant to the territory of the British Indian Ocean Territory, or that any separate report was required; the Territory has no permanent inhabitants and members of the armed forces, officials and contractors in the Territory are merely temporary occupants without any right of residence. In that respect, the BIOT (Immigration) Order 2004 applies equally to all people, regardless of their origin.

Notwithstanding the above, and our current position that unauthorised access to any part of the Territory is inconsistent with the security of the military facility, the United Kingdom keeps such restrictions under review. To that end, it has commissioned an independent feasibility study of resettlement by Chagossians of the islands, including Diego Garcia, which was published on 10 February 2015 and is now the subject of policy review^[1]. In addition, temporary access to the Territory is funded and facilitated by the British Indian Ocean Territory Administration to allow former islanders to be brought back on “heritage” visits. We also look as positively as possible on requests for privately organised visits by such individuals, where these are proposed.

ANGUILLA

Anguilla’s Permanent Secretary for Health/Social Development has confirmed that there have been no significant developments relating to race equality, discrimination and hate crime in Anguilla since the last state report in 2010. Similarly the Attorney General’s Chambers has confirmed that there has been no legislation pertaining to racial discrimination since the 2010 report.

It may be of interest to note that preliminary 2011 census figures recently released show 85.3% of the population are African/Negro/Black, down from 90.1% in 2001.

More information can be found at:

http://gov.ai/statistics/images/Press%20Release%20Census%20Findings%20no5%20-%20Preliminary%20Results%20-%20Nov%202014.pdf

BERMUDA

A. General information

1. The Country Profile in respect of Bermuda (contained in Annex II to HRI/CORE/1/Add 62 or referenced as paragraph 15 of the 15th Report and paragraph 10 of the 16th Periodic Report of the Overseas Territories), has changed substantially. The following items of background statistical information have now been updated:

Bermuda statistics

Per capita income: $89,965 (2013)

Gross Domestic Product: $5.6 billion (2013)

Rate of inflation: 1.8% (2013)

Rate of unemployment: 7% (2013)

Literacy rate: 98% (2003)

Population: 61,954 (2013 - projection)

Life expectancy at birth:

Males 76.87 years (2013 - projection)

Females 84.46 years (2013 - projection)

Infant mortality rate: 1.5 per 1,000 (2013)

Birth rate: 10.5 per 1,000 (2013)

Population:

Under 15 years old:

Males 5,225 (2013 - projection)

Females 5,128 (2013 - projection)

Total 10,353 (2013 - projection)

Over 65 years old:

Males 4,102 (2013 - projection

Females 5,531 (2013 - projection)

Total 9,633 (2013 - projection)

Percentage of households headed by women: 62% (2013)

Source: Bermuda Department of Statistics.

2. Further to the last UK report, it is to be noted that the agency responsible for “ensuring human rights, improving race relations and equality of opportunity” issues, namely - the Human Rights Commission (HRC) is located in the Department of Human Affairs within the Ministry of Community, Culture and Sports. The Commission for Unity and Racial Equality (CURE) was dissolved in 2010 and its functions transferred to the HRC. The Department of Labour and Training & Employment Services has been renamed the Department of Workforce Development and is now under the Ministry Home Affairs. The National Training Board is located within the Department of Workforce Development under the Ministry of Home Affairs. Two new organizations were established to tackle racial injustice. A grass roots community driven organization was established in 2006 known as Citizens Uprooting Racism in Bermuda (CURB). In addition, Dr. the Hon. Ewart Brown, JP, MP, former Premier of Bermuda launched a new initiative in 2007 known as the Bermuda Race Relations Initiative (BRRI). A consultant to the Premier was appointed in 2006 to research the plight of black males in Bermuda and to coordinate events of the BRRI initiative. This included presenting the results of the 2009 report A Study of Employment, Earnings, and Educational Gaps between Young Black Bermudian Males and their Same-Age Peers by Ronald Mincy, Monique Jethwani-Keyser and Eva Haldane.

B. Information relating to Articles 1 to 7 of the Convention

Article 1

3. With Reference to Section 4 of Article 1 (and Article 3 as well), the Committee is advised that the Department of Statistics' Employment Surveys findings in 2008 and 2013 are similar to CURE’s workforce findings from 2000 to 2007 in that the under-representation of blacks at the upper levels of employment and income bands has continued. A total of 34,277 filled jobs were captured in the 2013 Employment Survey and reported levels of employment indicate that white employees continue to be highly represented in senior official & manager occupations. In 2013, white employees held the largest portion of the senior officials & manager positions at 50%, with blacks representing 40% and mixed and other races 10%. The workforce was comprised of 54% black, 32% white and 14% mixed and all other races. This indicates little change from the data captured in 2008, as whites represented 52% and blacks 39% of these positions at that time. Black employees held the majority of the non-professional positions (such as clerical, administrative, sales, etc.) in 2013, at 63%. Also, the majority (54%) of black employees were females.

According to the Labour Force Survey, the unemployment rate for blacks increased from 6% in 2009 to 9% in 2013. On the other hand, the unemployment rate for whites declined from 3% to 2% over the same period. In 2013, eighteen percent of employed blacks were categorized as underemployed^[2], compared to 12% of employed whites.

4. Income data was collected from establishments with 10 or more employees in 2013. Of the 25,612 jobholders in these larger establishments reported in the 2013 Annual Employment Survey, more than half were black (58%) while whites comprised 29% followed by persons of mixed race (13%). Black employees comprised the largest proportion of the lower income bands in 2013. In particular, 74% of persons who earned a gross annual income of less than $12,000 were categorized as black and 15% were white. Amongst blacks, seventy percent reported a gross annual income of less than $72,000 with approximately one-third (23%) of these persons falling within the $48,000 to $59,999 gross annual income bracket.

The gross annual median income of all employees was $60,668 in 2013. The data shows that the gross annual median income earned by whites ($84,468) was $28,509 more than the gross annual median income of blacks ($55,959).

5. In 2013, whites continued to dominate the higher income bands as ninety-one percent of those who earned annual incomes of $500,000 to $749,999 were white. The second highest representation of whites was for both the $350,000 to $499,999 income bracket and the $750,000 and over income bracket where they represented 87%. At the “$156,000 or more” level of income in 2008 and 2013, white employees represented 81% and 77%, respectively; a decline of 4 percentage-points. The proportion of black employees at the same income level rose 3 percentage-points over the six-year period from 12% to 15%. When collapsing the income bands to “$96,000 or more”, representation of white employees dropped 11 percentage-points from 68% in 2008 to 57% in 2013. For black employees earning the same amount, their representation expanded from 22% in 2008 to 32% by 2013^[3].

BRITISH VIRGIN ISLANDS

The most recent population census held in the Virgin Islands was held in 2010. The census counted 10,830 households with a population of 28,054. 39% of the population was born in the Territory and 61% born abroad. 113 countries had nationals living in the Territory with the majority coming from other Caribbean countries. The table below details the breakdown of the population by ethnicity.

Ethnic Group Frequency Percent

African / Black 21,395 76.9

Creole 137 0.5

Carib 120 0.4

Amerindian 57 0.2

White / Caucasian 1,511 5.4

Chinese 19 0.1

Indian 591 2.1

Philippino 205 0.7

Asian (other) 74 0.3

East Indian 443 1.6

Hispanic / Latino 1,552 5.6

Mixed 1,491 5.4

Syrian 13 N/A

Lebanese 44 0.2

Other Middle East 40 0.1

Other Ethnic Groups142 0.5

Stated Ethnicity 27,834 (220 not stated) 100

The Labour Code, 2010 states that there shall be non-discrimination and equal opportunity in employment and occupation.

There have been no prosecutions in the Virgin Islands for racial offences or those with a racially aggravated element for the reporting period.

In November 2014, the ‘Human Rights Commission Act, 2014’ was laid before the House of Assembly and passed. The powers and duties of the Human Rights Commission, once established, include educating the public on the rights and freedoms in the Chapter 2 of the Virgin Islands Constitution Order as a well as educating the public on the rights and freedoms in relation to the other international human rights instruments or activity.

CAYMAN ISLANDS

Part I of the Cayman Islands Constitution Order 2009 which sets out the country’s first Bill of Rights, came into effect on November 6, 2012. Section 16 of the Bill prohibits “different and unjustifiable treatment to different persons on any ground such as .....race, colour, language, religion, political or other opinion, national or social origin, association with a national minority....or other status”. To date, the local Courts have determined 6 cases (one further case was withdrawn just before the proceedings were scheduled to commence) in which human rights infringements were alleged. These cases (the majority of which emanated from criminal proceedings) did not raise any issues of racial discrimination.

Similarly, since its establishment in 2009 the Human Rights Commission has not received any complaints of racial discrimination.

Section 88 of the Penal Code (2013 Revision) prescribes various offences including causing fear, or provocation of violence and causing intentional harassment by threatening, abusive or insulting words, displaying any writing or sign which is threatening, abusive or insulting. The scope of these offences is sufficiently wide to embrace any prohibited acts that are racially motivated. To date, there have also been no prosecutions for any such racially motivated acts, or offenses with a racially aggravated element.

The national primary school curriculum comprises teaching components aimed at combating prejudices which lead to racial discrimination and to promoting understanding, tolerance and friendship among nations and racial or ethnical groups . The Personal and Social module, for example, provides education about the effects of all types of stereotyping, prejudice, bullying, racism and discrimination and how to challenge them assertively.

The Cayman Islands does not collect data according to race but it does provide a breakdown of nationalities in its Census Report, the most recent of which was in 2010.

Total population 53,834

Cayman Islands 20,354

Jamaica 12,951

USA 3,611

UK 2,694

Honduras 2,301

Canada 1,823

Nicaragua 499

Barbados 231

Cuba 951

Trinidad & Tobago 396

Guyana 422

Costa Rica 165

Ireland 292

Colombia 528

Philippines 2,367

India 732

Australia 237

Other 3,226

DK/NS 54

FALKLAND ISLANDS

Falkland Islands Statistics

Population (total resident population on Census night) 2,840

GDP (National Accounts 2012) £198.4m

GDP Per Capita (National Accounts 2012) £77,000

Rate of inflation (compound annual growth rate 1999-2012) 4%

Rate of unemployment (Census 2012) <1%

Life expectancy overall (based on 2006 – 2014 averages) 77.9

Life expectancy male (based on 2006 – 2014 averages) 75.6

Life expectancy female (based on 2006 – 2014 averages) 79.6

Crude birth rate per 1,000 population (2012) 10.9

Crude death rate per 1,000 population (2012) 4.9

Dependency ratio (0-15 year olds & 65+ year olds per working age person) (Census 2012) 0.44

General Information

There have been changes in two significant areas of legislation relevant to the Convention, although the changes do not amount to substantive changes, and largely consist of updating and consolidation exercises.

Firstly, the Falkland Islands Constitution was replaced in 2008; reference the Falkland Islands Constitution Order 2008 (SI 2008/2846), which came into force on 1 January 2009. Section 12 of the 1985 Constitution (SI 1985/444) was replaced with section 16 of the new Constitution. Whilst there were substantive changes to the section, they do not relate directly to race discrimination.

Secondly, the legislation governing the prosecution of racial offences is in the process of change. Under the Crimes Ordinance, the prosecution of racial offences is carried out through the application to the laws of the Falkland Islands of the English Public Order Act 1986 and supplementary English Acts. A recent substantial overhaul of Falkland Islands criminal law resulted in the introduction of a Crimes Bill in August 2014, and which has recently been passed (but the Ordinance has not yet been published).

The Bill seeks to consolidate and update most Falkland Islands Criminal legislation. The Ordinance is intended to be brought into force in early 2015, although a date has not yet been set. Although the Ordinance will make substantive changes to the criminal law, the provisions dealing with racial offences are largely unchanged.

The most recent population census held in the Falkland Islands remains the one held in April 2012. The Falkland Islands Government has included information on country of birth, ancestry, and linguistic group (not ethnic origin) as part of that census.

Under the law of the Falkland Islands, persons who have Falkland Islands status (“belong to the Falkland Islands”) have the right of permanent residence in the Falkland Islands and, if adults and British citizens, are permitted to have their names placed on the electoral register and vote at elections. They do not require a work permit in respect of any employment in the Falkland Islands. The Constitution permits persons, who are citizens of a British Commonwealth country and who have been ordinarily resident in the Falkland Islands for at least seven years, to make application for Falkland Islands status under an Ordinance making provision for the grant of such status. The Falkland Islands Status Ordinance has been enacted for that purpose. From 2008 - 2014, 62 applications were granted, of which 30 were granted to people of mixed-race ethnicity. The remaining 32 applications were granted to white people of European origin.

Under the Immigration Ordinance of the Falkland Islands, a person who has been resident in the Falkland Islands for three years may apply for a permanent residence permit. A person who is granted a permanent residence permit has no limitation on the amount of time he or she may remain in the Falkland Islands, and does not require a work permit in relation to any employment. Of the 105 permanent residence permits granted during the calendar years 2009 - 2014 (note: there was a moratorium in place for Permanent Resident Permit applications in 2008), 11 were granted to St Helenians (who are of mixed-race ethnicity), 25 were to South Americans, 9 were to Asians and 60 to white Europeans.

There are 15 full-time police officers in the Royal Falkland Islands Police; 4 as the management team and 11 Constables. 3 of those officers are Falkland Islanders by birth. All of the remaining 12 officers are from the United Kingdom although 3 of them hold Falkland Islands Status and 1 of them has Permanent Resident Status. Racially discriminatory behaviour within the police service and in its day to day business with the Falklands Community constitutes a disciplinary offence under the Police Ordinance 2000. There have been no reports of racially discriminatory behaviour within or by the Police Service since the date of the last report in 2006. There have been 4 cases where racial discrimination was an element of the offences disclosed during the investigation. In all cases the offenders were charged with the primary offence disclosed and convicted.

The Falkland Islands public service recruitment has a non-racially discriminatory recruitment policy. Persons holding Falkland Islands status or permanent residence permits are given preferential status in recruitment. It is estimated that 4 out of a total of 93 work permit holders in the public service were born in St. Helena and 5 were born in Chile, 15 work permit holders were born in a host of other countries including Kenya, Sri Lanka, Ghana and Pakistan. In the private sector of the economy (in 2012), there were 126 work permit holders who were born outside of the Islands and the UK, 39 were born in St. Helena and 59 were born in Chile, the remaining 28 were born in other countries such as the Philippines, Peru and India to name a few. In 2012, 167 St Helenians and 27 Chileans were employed as non-military contractors at Mount Pleasant military complex.

At the time of the Census 2012 there were 32 children of primary school age, born outside of the Falkland Islands or the UK. There were 16 born in Chile, 2 born in St. Helena and 14 born in other countries including the Philippines, Sri Lanka and a number of other European and South American countries. The number of children of secondary school age, born outside of the Falkland Islands or the UK was 15. There were 5 born in Chile, 3 born in St. Helena and 7 born in other countries, including Trinidad, Brazil, Russia, Argentina and New Zealand.

In August 2005, the operation of the Falkland Islands Broadcasting Station (now Falkland Islands Radio Station (FIRS)) was transferred from the Falkland Islands Government to the Media Trust, an independent body created by local statute, which had been responsible for some years for operating the Penguin News, the only local newspaper in general circulation. The Media Trust is responsible for editorial policy in relation to the broadcasting station for a number of years, but now directly employs the staff of the radio station which currently broadcasts under the name Falkland Islands Radio Station. The Penguin News continues to be published weekly. Both the broadcasting station and the newspaper continue to carry items of interest to the minority communities. The British Forces Broadcasting Station operates two radio channels which can be received throughout all but the remotest parts of the Falkland Islands. In Stanley, an independent radio station, Radio Nova, relays the British Broadcasting Corporations World on VHF FM. A variety of overseas television channels are available in Stanley and at Mount Pleasant by relay broadcasting and throughout the Islands via satellite dish.

Since 2008, there have been 3 investigations (in 2010 & 2012) into racially aggravated harassment under section 31(1) (c) of the Crime and Disorder Act 1998 (CDA). During the investigation in 2010 no defendant was identified and one of the investigations during 2012 resulted in no further action, however the other investigation in this year resulted in the administration of a police citable caution. In addition to the investigations there have been two prosecutions under section 31(1) (c) CDA since 2008 (in 2011 & 2012). The case in 2011 resulted in a conviction with the defendant bound over to keep the peace and the case in 2012 resulted in the defendant receiving a sentence of 240 hours community service.

There are a number of businesses in Stanley owned or partly owned by Chilean or Saint Helenians. Currently, 2 restaurants are owned by Saint Helenians, 1 restaurant owned by a Chilean and 1 public house managed by a Chilean. Recently, a Saint Helenian sold their very successful mechanics business to a large company based in the Islands. The Falkland Islands Development Corporation has financially helped 14 different businesses that are owned or managed by Saint Helenians, Chileans or British people living in the Falkland Island since 2006.

GIBRALTAR

The most up to date figure on population is 32,734 on 2013 and it is composed of-

25,881 (Gibraltarian)

4,767 (British)

2,734 (other).

Percentage of population (as at 2012 Census – Not Published)

under 15 and over 65 years of age: Males under 15: 9.5%

Females under 15: 9. 0%

Males over 65: 6.7%

Females over 65: 8.9%

Since the last CERD report, the Government brought into force criminal legislation which creates a modern criminal code. This is contained in the Crimes Act 2011 and in the Criminal Evidence and Procedure Act 2011.

MONTSERRAT

Since the last CERD report The Montserrat Labour Code 2012 has come into effect.

Part 8 of this code – EQUALITY OF TREATMENT IN EMPLOYMENT is dedicated to the prohibition of discrimination in all forms, including race, at the workplace in Montserrat.

We can further state however, that issues of race equality and discrimination in the work environment have never been brought to the attention of the Department of Labour in Montserrat.

Since the 2010 report was published, there have been no reported cases of discrimination and / or hate crimes to the police in Montserrat nor have any been before the courts.

ST HELENA., ASCENSION AND TRISTAN DA CUNHA

1. The St Helena, Ascension and Tristan da Cunha Constitution Order, 2009, granted a new Constitution to (and changed the name of) the Territory with effect from 1 September 2009. This substantially strengthened anti-discrimination provisions by including comprehensive Human Rights provision meeting modern international expectations. There have been no significant changes to the relevant local legislation, and no prosecutions under it, since the previous report.

St. Helena statistics

2. See below:

Gross National Product: £19,300,000 2009/2010

Rate of inflation: 1.9% First quarter 2014/15

Population (Resident): 4,427 first quarter 2014/15

Life expectancy:

Females 79.2 years (2008)

Males 72.5 years (2008)

Infant mortality rate: 5.3 per 1,000 live births (5 year average, 2008-2013)

Birth rate (crude): 7.6 per 1,000 population ((5 year average, 2008-2013)

Death rate (crude): 11.6 per 1,000 population ((5 year average, 2008-2013)

Ascension Statistics

3. There is no permanent population on Ascension and other than a total population figure (810) no economic or demographic statistics are kept.

Tristan da Cunha Statistics

4. See below:

Gross National Product: £993,233.00 (2010)

Population (Resident): 270 (Dec 2014)

Life expectancy:

Females 78.6 years (1995–2008 average)

Males 74.9 years (1995–2008 average)

Infant mortality rate: 0 (2014)

Birth rate 7.9 per 1000 population (2007)

Death rate 11.8 per 1000 population (2007)

TURKS AND CAICOS ISLANDS

The Constitution Order 2011 provides the legal framework for the protection of all persons living in the country; the framework is complemented by the Six Core UN International Convention extended to the Territory by the UK. Of note is the International Convention on the Elimination of All forms of Racial Discrimination (CERD).

The Equalities Ordinance 2012 is in effect and offers further protection from discrimination already contained in the Constitution Order 2011; the Ordinance identifies the protected characteristics of age, disability, marriage, political opinion, race, religion or belief, sex and sexual orientation.

The Human Rights Commission remains fully committed to the fight against racism, and strongly condemn any national group that incites violence based on racial superiority or hatred towards a person or group of persons based on their colour, descent or nationality. The HRC will continue to focus attention on the overt racism, real and pressing problems faced by Haitians and other minorities living in the country. They are oftentimes rejected by the local communities; their continuous un-authorized occupation of Crown land has been rejected by local communities and has become a contentious issue causing social unrest and community apathy. In some cases, it is obvious that some of the social problems, access to school places, the grant of birth certificates, the access to health care and other inequities that exist among the ethnic Haitian minority are a direct result of their national origin. There have been cases of reported crimes where persons felt that it was as a result of their ethnicity.

The Human Rights Commission will continue in its efforts to combat all forms of discrimination by increasing public awareness, especially through information and education provided through its Anti-Discrimination Public Service Announcements.

^[1] http://qna.files.parliament.uk/ws-attachments/178764/original/Feasibility%20study%20for%20the%20resettlement%20of%20the%20British%20Indian%20Ocean%20Territory%20Volume%201.pdf

^[2] Underemployment refers to persons who have a job but are willing, able and available to work more adequately in a different job by either: working more hours, receiving a higher rate of pay or make better use of their skills/ qualifications.

^[3] Source: 2008 and 2013 Annual Employment Survey, The Bermuda Government, Department of Statistics.