the light
of the Committee’s
views.
While incorporation
of the Covenant would
not be incompatible
with United Kingdom law, it would represent
a major
change
in the country’s
constitutional
arrangements.
Since such a highly
complex
exercise
would involve
an essentially
political
decision,
based on a close
examination
of the ways in which existing
United Kingdom law fulfilled
the
country’s
obligations
under the Covenant,
it was unlikely
that any decision
would be taken in the immediate future.
Difference6
in the law a6 it applied
in various
part6 of the United Kingdom reflected
long-standing
tradition6
to
which people in the regions
attached
great importance
and there was no need to
move
towards
a completely
unified
sy6tem
when the different
approaches
were
equally
compatible
with the United Kingdom’6 international
ObligatiOn6.
358. The Government considered
that obligation6
undertaken
under the European
Convention
on Human Right6 were not regarded
a6 a conclusive
argument for not
ratifying
the Optional
Protocol
and that the Covenant differed
from the
European Convention
in certain
substantive
reSpeCt6.
It had, however,
no
current
plans to become a party to the Optional
Protocol
to the Covenant,
The
inhabitants
of most
of the dependent territories
could resort
to the same
regional
procedures
for the protection
of human rights
as were available
to
The
only Territories
in which the
the inhabitant6
of the United Kingdom.
Covenant,
but not the European Convention,
applied were Pitcairn
and
Hong Kong.
In regard to the latter,
the Government wa6 concentrating
on
implementation
of the Joint Declaration
and the Bill of Rights.
Procedure6
under sections
39 (2) and 41 of the Constitution
of the Cayman Island6
were
applied very rarely,
since the greatest
care was taken to en6ure that bills
were compatible
with treaty
obligations.
359. Following
Iraq's
invasion
of Kuwait,
the United Kingdom’6 forces
had been
deployed alongside
those of other member6 of the international
coalition
in
response
to an appeal made by countries
of the region for assistance
in the
defence of their
territory.
Such assistance
had been rendered
in accordance
with the Charter
of the United Nations,
and the Government rejected
most
firmly
any suggestion
that the use of force by the coalition
had been
excessive.
360. Reservations
to various
provision6
of the Covenant were kept under
constant
review and, with the exception
of the reservation
in respect
of
article
25 concerning
the Isle of Man, would all be retained.
The
Government’s
declaration
in connection
with article
1 of the Covenant did not
constitute
a reservation
and had been made at a time
when the right
of
self-determination
was less clearly
defined
than was now the case.
It merely
stated
that in the event of a conflict
between the United Kingdom’6
obligation6
under article
1 of the Covenant and those of the Charter,
the
latter
would prevail.
If a decision
was taken to remove
a particular
reservation
in respect
of Hong Kong the United Kingdom Government would have
to consider
the implication6
for the Joint Declaration
and the need to ensure
the continuity
of the relevant
obligations
after
1997.
361. Referring
to other question6
relating
to Bong Kong, the representative
explained
that the Basic Law was on the whole consistent
with the basic
principles
enshrined
in the Joint Declaration
and corresponded
with the
Government’s
intention
to secure the continued
application
of the Covenant
beyond 1991.
Furthermore,
both the Joint Declaration
and article
39 of the
Basic Law Provided
that the Covenant would remain in force after
1997.
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