Among the ten Overseas Territories attending the eighth meeting of the Overseas Territories Consultative Council (OTCC), only the British Virgin Islands had already agreed to sign the UNCAC.

Lord Triesman, Overseas Territories Minister, hosted the OTCC, on 21 and 22 November at the Foreign and Commonwealth Office.

The Council, which is held annually in London and provides a forum for consultation with British Government Ministers, was attended by Premiers, Chief Ministers and equivalent senior politicians from all Britain’s Overseas Territories except Gibraltar.

A paper on Good Governance was discussed at the OTCC and suggests that the key element of good governance is the rule of law, including human rights for minorities and those in society that are most vulnerable.

“Perhaps good governance requires legal frameworks that are enforced impartially.  This means the full protection of human rights, and particularly those of people belonging to minorities,” the paper states.

It says that impartial enforcement of laws requires an independent judiciary immune from any external influence; and a police force which treats all individuals equally, without fear or favour.

“It also requires a public service free from political interference in its appointments, discipline and dismissals, which implements policy in accordance with the rule of law and internationally accepted standards.

“This provides the certainty, and sense of security, which are both essential for economic prosperity and social stability.”

The paper also tackles transparency, which, it says, means that decisions by both the executive and legislature should be taken (and be seen to be taken) and implemented in line with defined rules and regulations.

“It also means that (subject to limited exceptions) information must be freely available and directly accessible to those who will be affected by such decisions and their implementation.

“It also requires the provision of an appropriate level of information, in an easily understandable form, by government and the public service to the public, and media,” the discussion paper states.

The third key area, according to the paper, is accountability.

“Not only Government institutions and the legislature, but also the private sector and civil society organisations, must be accountable to the public and, where appropriate, to their institutional stakeholders.”

It says that each organisation or institution should also be accountable to those who will be affected by its decisions or actions.

“This means that institutions should be subject to checks and balances, including scrutiny by the legislatures, committees of legislators, and other appropriate bodies.

“This also involves a well-developed civil society, with strong independent media free from political interference; and representative NGOs to defend the rights of individual interest groups.

“Institutions should in general be accessible, and open to the public and the media, so that confidence can be built up within society that these organs are functioning properly and in the general interest.”

The paper stresses the fact that these three issues are interlinked, since accountability cannot be enforced without transparency and the rule of law. Equity and inclusiveness are also guiding factors of good governance.

“It is important that all those in a society feel that they have a stake in it, and that they do not feel excluded from the mainstream of society, or access to Government and services.”  It noted that this requires all groups, but particularly the most vulnerable, to have the opportunity to maintain and/or improve their well being.

“But most importantly, it is about ensuring that there is equality of opportunity for all in society; and that services and benefits are made available on this basis, without either politicians or public servants giving preferential treatment because of family ties, friendship or political allegiance.”

In this document, the UK appears to be encouraging its OT governments to lead rather than follow on certain issues, especially the sustainable use of natural resources and the protection of the environment.

“Political decisions need to be taken with the long-term interests of society in mind, to ensure sustainability. And it involves ensuring sound financial management.

“Good governance may mean taking on entrenched interests, and judging how strongly to lead from the front.”

Good governance also means participation, states the paper. This includes “an organised civil society; and ways to ensure that the views of the most vulnerable are taken into consideration in decision-making.”

The UK and the Overseas Territories represented at the OTCC further agreed to work together towards the implementation of a strategy for each of the OTs which would integrate the work of all those involved in the criminal justice system.

The FCO announced that it would consider funding projects to take forward immediate priorities which would be of benefit across agencies and across territories.