Constitutional Development

In conjunction with Overseas Territories’ governments we are continuing to

review and modernise the constitutions of the Overseas Territories. All
Territory constitutions agreed by the Government since 1999 include a Bill of
Rights, including a non-discrimination clause that reflects at a minimum the
European Convention on Human Rights and the International Covenant on
Civil and Political Rights.

In March the Pitcairn Islands’ new constitution came into force. This
enshrined human rights for the first time; provided for an attorney-general;
affirmed the authority of the Island Council; updated the role of the governor;
and brought the judicial system into the constitution. In October, following
agreement with the government of Montserrat, a new constitution order was
made which is scheduled to come into force in 2011. It also contains an
updated Bill of Rights. This is an important improvement on the outdated
1989 constitution, and will offer a sound basis for human rights and good
government in Montserrat. The present government of Anguilla had not, by
the end of 2010, made a formal request to renegotiate its constitution but the
UK Government stands ready should it choose to do so.

During 2010 we worked with the Department for International Development

(DFID) on a number of projects to promote human rights in the Overseas
Territories. These included a DFID-funded £1 million project run by the
Commonwealth Foundation to help both governments and civil society realise
the rights set out in the new or revised constitutions. The project aims to build
the capacity of governments, national institutions and civil society to address
human rights issues and to strengthen human rights reporting and monitoring
arrangements. The project organised human rights training workshops in
Anguilla, the Cayman Islands, Montserrat, St Helena, Ascension and the
Falkland Islands for officials and civil society on how to apply, monitor and
report on human rights and examined the situation in each Territory to help
identify where further work was necessary. As a result of these workshops,
national human rights action plans will be developed by the end of 2011.
Similar training will take place in the British Virgin Islands, the Turks and
Caicos Islands, Ascension and the Pitcairn Islands in 2011.