GUERNSEY Bailiwick of Guernsey Bailiwick of Guernsey (British Crown Dependency) Joined United Nations: 24 October 1945 Human Rights as assured by their constitution Click here Updated 11/18/09
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Saint Peter Port
65,870 (July 2009 est.)
Lyndon Trott
Chief Minister since 1 May 2008
The monarch is hereditary; lieutenant governor appointed by the
monarch
Next scheduled election: None
HEAD OF GOVERNMENT
SELECTION PROCESS
Chief minister is elected by States of Deliberation
Next scheduled election: 2012
DECLARATION OF HUMAN RIGHTS
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UK and Norman-French descent with small percentages from other European countries
Anglican, Roman Catholic, Presbyterian, Baptist, Congregational, Methodist
Parliamentary democracy with 10 parishes; Legal system is the laws of the UK, where applicable, apply; justice is administered by the
Royal Court
Executive: The monarch is hereditary; lieutenant governor appointed by the monarch; chief minister is elected by States of Deliberation
Legislative: Unicameral States of Deliberation (45 seats; members are elected by popular vote for four years); note - Alderney
and Sark have parliaments
elections: last held 23 April 2008 (next to be held in 2012)
Judicial: Royal Court
English, French, Norman-French dialect spoken in country districts
Like the rest of the Channel Islands, Guernsey is steeped in history. Up to 6,500BC, the islands were in fact part of the French
mainland until the Ice Age came to an end. Discoveries in the 20th century have shown evidence of mankind dating back to 5,000
BC (New Stone Age) when tribes, possibly from Spain moved here. All around Guernsey are traces of neolithic man, including
defensive earth works, menhirs and dolmens. These are burial chambers built above the ground and several survive in remarkably
good condition. The largest in Guernsey, La Varde Dolmen is near the 17th green of L'Ancresse golf course and measures 11
metres long by four metres wide and has a capping stone pile of five metres long and one metre thick. One cannot even start to
imagine how early man could have moved such stones into position. Further dolmens can be found at Hougue de Dehus, which has
a burial Chamber of for 10 metres by 1.5 metres , Le Creux es Feies (the fairy grotto) and Le Trepid near to Le Catioroc which
Victor Hugo claimed was haunted by the cries of women waiting for their lover, the devil. As mentioned in the section on churches,
human figures carved out of granite have also had survived from around 2500. Celts probably from France and Germany, from
around 800BC have also left their mark. Excavations at Jerbourg revealed Iron Age earthworks and elsewhere long swords spear
heads and beads have been found in tombs. It is also known that at the Vale Castle site a fort dating back to around 550BC was
built there. Several excavations in St Peter Port prior to rebuilding works in the late twentieth-century have confirmed that the
Romans used the island as a trading base from around 56 AD and probably stayed here for around 250 years. A third century
shipwreck discovered in the mouth of St Peter Port harbour 1n 1982 is known to be the Roman ship "Asterix"and is now on display
in Castle Cornet. The most important medieval wreck site in NW Europe near St Peter Port Harbour mouth is larger than first
thought. There may be as many as five or more wrecks dating back to 14th century. The find has been described as being of
world-class importance because there is such a large concentration of mediaeval ship structures in one place. Erosion and heavy sea
traffic is resulting in the wrecks breaking up and timber is being washed away. Southampton University is engaged in analysing the
timbers and if funds can be raised, the wrecks may be lifted. Guernsey was an important trading point between France and England.
A large amount of pottery from the Saintonge region of France has been found, suggesting that the ship was carrying a consignment
of earthenware. Excavations in the Bonded Store area under Market street have also revealed medieval artefacts including pottery,
ceramics, a Venus figurine and a small jewel called Intaglis. They have helped build up a picture back to Roman times. The
Archaeology department hope to publish a book about Roman Guernsey in 2001. A new archaeological dig in the marshy Belgrave
Vinery site in the Vale got underway in June 2001. Early finds are promising with the discovery of a substantial standing stone that
could date back to 4,000 BC. The area is very low lying, has medieval drainage and is thought not to have been developed upon
since the Duke of Richmond's map of 1787. A major housing development is due to be built on the site. The Romans named
Guernsey as Sarnia. The ending on Guernsey "ey" is viking meaning island. The islands enjoyed a fair amount of independence
although technically ruled from Lyons. Islanders proudly state that their ancestors were part of the forces of Norman the Conqueror
which defeated England in 1066. In fact since around 933, when Rollo's son William Longsword added the islands to the dukedom
of Normandy, the inhabitants of these islands have been answerable only to the Duke of Normandy and his successors, the British
sovereign. When Guillaume Duke of Normandy conquered England in 1066, he became King William I as well as Duke of
Normandy. However when King John lost the territory of Normandy to Philip II of France, the Channel Islands remained loyal to
the English crown. In return for this loyalty, King John granted to the islands, certain rights and privileges in 1215 which enabled
them to be virtually self-governing, subject only to Royal assent and enactments through the Privy Council. In 1294 a large part of
the Guernsey population were killed in French raids. In fact over the ensuing centuries, possession of the islands switched back and
forth between the English and French six times. Large castles were built most of which still survive today. Between 1338 and 1340,
the French occupied Guernsey and seized Castle Cornet, holding on to it for six years. Raids continued up to the end of the 1400s
and in 1480 Pope Sixtus IV declared the island to be neutral. In 1481 the States of Guernsey had been formed and Guernsey was
already exporting woolens. At the end of the English civil war, Guernsey petitioned the Monarchy pleading for a Royal pardon in
1660. This was granted and all previous rights and privileges were restored. In the 1600's privateering became commonplace and
considerable wealth started to build up in the islands. This was legalised piracy licensed by the Crown to seize foreign ships. During
the Reformation ,the islands swayed between Catholicism and Protestantism. John Wesley visited Guernsey in 1787 and
Methodism flourished. I n the 1800's, wealthy French residents fleeing the revolution, set up home in the islands and many of the
Town houses one sees today were built during this era. Sixteen forts and 58 coastal batteries were also built to defend the island
from the French prior to the Battle of Waterloo. The Bridge area at St Sampsons was also filled in to stop the north of the island
from being separated. At the beginning of the nineteenth century, as a result of the Napoleonic wars, the trade of Guernsey was
practically extinguished and the people were in despair. Unemployment was rife, the sea defences were breaking down, there were
practically no roads, public buildings were in disrepair and, above all, a new market house, where the islanders could exchange their
produce, was urgently needed. After much debate the States agreed to issue its own bank notes for the first time and 40,000 £1
notes were issued in 1816. During 1940-1945, Guernsey was occupied by German forces and huge numbers of defensive positions
were built as part of Hitler's Atlantic Wall. Of the population of 40,000 17,000 were evacuated to England. By 1944, most
islanders were near to starvation and a Red Cross ship carrying supplies in 1944 was a very welcome sight. The islands were
liberated in May 1945 and every year islanders celebrate their freedom on 9th May. Post war, tourism started to really take off and
around 250,000 people per annum were visiting Guernsey. The tax rate was reduced to 20% in 1959 and a large influx of wealthy
UK individuals followed. Housing controls were brought in during the 1960s to try and control the population growth but with
limited success. In the 1970s the old harbour and Victoria dock were converted to marinas for local and visiting boat owners and in
1973 Guernsey became an Associate member of the EEC. At the start of the 1980s the North Beach marina and car park were
built. Stable government and a lack of party politics has encouraged Banking and Finance generally, to be the main income earners
from the 1980's onwards and has brought huge wealth to Guernsey and a respectable standing in the world of Offshore Finance
centres. As with elsewhere in the World, fast technological change has been a feature of the 1980s and 1990s and as the new
Millennium appeared, the island was gearing itself for e-commerce.
Source: Island Life: History of Guernsey
Financial services - banking, fund management, insurance - account for about 23% of employment and about 55% of total income
in this tiny, prosperous Channel Island economy. Tourism, manufacturing, and horticulture, mainly tomatoes and cut flowers, have
been declining. Financial services, construction, retail, and the public sector have been growing. Light tax and death duties make
Guernsey a popular tax haven. The evolving economic integration of the EU nations is changing the environment under which
Guernsey operates.
Source: CIA World Factbook (select Guernsey)
The Lieutenant Governor is the representative of the Crown. The official residence of the Lieutenant Governor is Government
House Queens Road St Peter Port. Since 18 October 2005, the incumbent is Vice-Admiral Sir Fabian Malbon, born in Southsea
Portsmouth in 1946 and a serving naval officer 1965-2002. His last naval posting before retirement from the Royal Navy was
deputy commander-in-chief of fleet.
The Bailiff is the first civil officer in the bailiwick of Guernsey, serving as president of the legislature and the Royal Court. Since
2004, Guernsey's head of government is the Chief Minister. The Bailiff is appointed by the Crown, and generally holds office until
retirement age (65). He presides at the Royal Court, and takes the opinions of the Jurats, elected lay judges,; he also presides over
the States, and represents the Crown in all civil matters.
The States of Guernsey, officially called the States of Deliberation, consists of 45 People's Deputies, elected from multi- or
single-member districts every four years. There are also two representatives from Alderney, a self-governing dependency of the
Bailiwick, but Sark sends no representative. There are also two non-voting members - the Attorney General and the Solicitor
General both appointed by the monarch.
Laws made the States are known as Projet(s) de Loi before they are passed and Loi or Law(s) afterwards (e.g. The Human Rights
(Bailiwick of Guernsey) Law 2000.
A Project de Loi is the equivalent of an English Bill , and a Law is the equivalent of an English Act of Parliament. Laws have no
effect until promulgated as Orders-in-Council of the Crown.
Source: Wikipedia: Politics of Guernsey
None reported.
REFUGEES AND INTERNALLY DISPLACED PERSONS (IDPS)
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None reported.
None reported.
HUMAN RIGHTS STATEMENTS, ANALYSIS AND CRITIQUES
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International Narcotics Control Strategy Report
Volume II
Money Laundering and Financial Crimes
March 2007
Legislative Basis for the INCSR
The Money Laundering and Financial Crimes section of the Department of State’s International Narcotics Control Strategy Report
(INCSR) has been prepared in accordance with section 489 of the Foreign Assistance Act of 1961, as amended (the “FAA,” 22 U.S.C. §
2291). The 2007 INCSR is the 24th annual report prepared pursuant to the FAA. 1
The FAA requires a report on the extent to which each country or entity that received assistance under chapter 8 of Part I of the Foreign
Assistance Act in the past two fiscal years has “met the goals and objectives of the United Nations Convention Against Illicit Traffic in
Narcotic Drugs and Psychotropic Substances” (the “1988 UN Drug Convention”). FAA § 489(a)(1)(A).
The Bailiwick of Guernsey (the Bailiwick) covers a number of the Channel Islands (Guernsey, Alderney, Sark, and Herm in order of size
and population). The Islands are dependents of the British Crown and the United Kingdom (UK) is responsible for their defense and
international relations. However, the Bailiwick is not part of the UK. Alderney and Sark have their own separate parliaments and civil law
systems. Guernsey’s parliament legislates criminal law for all of the islands in the Bailiwick. The Bailiwick alone has authority to legislate
domestic taxation. The Bailiwick is a sophisticated financial center and, as such, it continues to be vulnerable to money laundering at the
layering and integration stages.
There are approximately 17,800 companies registered in the Bailiwick. Nonresidents own approximately half of the companies, and they
have an exempt tax status. These companies do not fall within the standard definition of an international business company (IBC). Local
residents own the remainder of the companies, including trading and private investment companies. Exempt companies are not prohibited
from conducting business in the Bailiwick, but must pay taxes on profits of any business conducted on the islands. Companies can be
incorporated in Guernsey and Alderney, but not in Sark, which has no company legislation. Companies in Guernsey may not be formed
or acquired without disclosure of beneficial ownership to the Guernsey Financial Services Commission (the Commission).
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Guernsey: UK Government: Guernsey Sets The Example For Others To Follow
27 July 2009
The signing of Guernsey’s bilateral Tax Information Exchange Agreement (TIEA) with New Zealand has been heralded as setting an
example for other jurisdictions to follow.
The latest TIEA was signed on Tuesday (21 July) by Guernsey’s Chief Minister Lyndon Trott and New Zealand Minister of Revenue,
Peter Dunne. It is Guernsey’s 12th bilateral agreement signed with an OECD country and its 14th overall.
The UK Government hosted the G20 summit in April where the OECD listed Guernsey as a jurisdiction that had substantially
implemented the internationally agreed standard and it has now welcomed the further progress in signing TIEAs, saying that this
strengthened Guernsey’s reputation as a jurisdiction committed to good governance in tax matters.
Stephen Timms, the UK Government’s Financial Secretary to the Treasury, said: "I warmly welcome Guernsey’s continuing progress in
concluding Tax Information Exchange Agreements. Guernsey’s firm commitment to transparency and exchange of information in tax
matters is very encouraging and I call on others to follow their example."
Mr Timms added that the UK Government recognises that Guernsey is committed to international standards of anti-money laundering
legislation and practice, counter terrorist financing legislation and financial regulation, and that the Island participates in international
efforts to combat financial crimes.
Guernsey’s Chief Minister Lyndon Trott welcomed the UK Government’s statement.
He said: "This latest agreement firmly puts Guernsey in the top-rated category in a report that the OECD is currently preparing in
advance of the meeting of its Global Forum, which takes place in early September in Mexico."
The Chief Minister also welcomed the New Zealand Government’s statement, as part of a joint political declaration signed alongside the
TIEA, heralding Guernsey "as a member of the community of nations committed to international cooperation and information exchange
on tax matters."
New Zealand Revenue Minister Dunne said: "The Tax Information Exchange Agreement with Guernsey will help to encourage greater co-
operation between tax authorities.
"I am very pleased with this important addition to New Zealand’s network of information exchange agreements.
"Recent months have seen increasing numbers of TIEAs signed, all over the world, as growing numbers of financial centres agree to
adopt OECD and United Nations standards for exchange of tax-related information."
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No Reports from Freedom House mentioning Guernsey after exhaustive search of their database. Please forward any
information you may have regarding Freedom House efforts on behalf of Guernsey to the Pax Gaea World Report editor at
the link below
Contact the editor »
Amnesty International Guernsey
* Amnesty International is a worldwide voluntary movement of people who campaign for human rights.
* We are independent of any government, political ideology, economic interest or religion.
* Our vision is of a world in which every person enjoys all of the human rights enshrined in the Universal Declaration of Human rights
and other international human rights standards.
* It is affiliated to the AIUK and is a campaign group.
There has been an active Amnesty International Group in Guernsey since the 1970's. During this time many people have contributed their
time and effort to letter-writing (and, more recently, e-mail), raising the profile of the organisation in the media, bringing speakers to visit
Guernsey and fund-raising. Because of the way Amnesty works we do not campaign on local issues where our views may be
misinterpreted as political but we work with colleagues around the world on cases in many countries. Here are examples of some of
things we have done locally:
We arrange for speakers to come over from the UK and give talks to the public and schools and on the radio. These people have
typically had direct contact with prisoners of conscience and done research in other countries. We value their role in making people
aware of what happens outside Guernsey.
We have worked on long-term campaigns writing to authorities on behalf of prisoners of conscience. A typical case was an elderly
Presbyterian minister in South Korea who was imprisoned for making statements about wanting to see an eventual re-unification of the
North and South. We sent letters and faxes to the authorities enquiring after his health and a review of the sentencing policy (he was in
his 70's) and received feedback from a Korean group of human rights activists. Guernsey shared this case with others in Norway and
the UK. Eventually he was released in a general amnesty and we would like to think that AI's highlighting of this and similar cases had
some positive effect.
We also keep people aware of our work and raise funds for research by organising various events, this year a flag day, a pub quiz at the
Peninsular Hotel, a stall at the Fermain Tavern with the Vale Earth Fair and Vale Castle and towards the end of the year a musical event
at the Fermain Tavern. UK members have been made aware of our existence also since we have raised funds by selling locally
manufactured Guernseys via mail order.
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No Reports from Human Rights Watch mentioning Guernsey after exhaustive search of their database. Please forward any
information you may have regarding Human Rights Watch efforts on behalf of Guernsey to the Pax Gaea World Report editor
at the link below
Contact the editor »
Constitution Panel Advises Against Independence for Guernsey
12 September 2009
AN ADVISORY group to the States is recommending against pursuing independence for Guernsey.
The first report of the Constitutional Advisory Panel, completed earlier this year under the chairmanship of former HM Procureur Nik
van Leuven, has been published by the Policy Council.
The panel says that its first report is an interim document and recommends that further work is done, but highlights:
‘Members have struggled to identify real benefits in switching from being a Crown Dependency to becoming an independent State,
especially when balanced against the apparent and potential disadvantages.
‘[We] have reached the provisional conclusion that Guernsey’s present constitutional position as a Crown Dependency with an
increasing role on the international stage is more beneficial than its position as a micro-state is likely to be.’
The panel, which has been inactive for the past few months, says in the report that it will seek to identify whether possible modifications
in the island’s relationship as a Crown Dependency can be sensibly pursued as part of its further work.
It also recommends that:
Consideration should be given to engaging with Jersey over areas of mutual interest arising from the islands’ constitutional reviews and
future constitutional relationships with the UK;
Discussions are held with the Ministry of Justice about the possibility of enhancing the resources it devotes to serving the island, either
through funding or seconding a civil servant;
The UK Government be pressed to recognise the importance of fulfilling the obligations of the relationship with the island and to educate
UK Government Departments about the island’s status and role;
The Policy Council consider developing a presence in London or Brussels, perhaps with the other Crown Dependencies;
The UK should be asked if Guernsey personnel could join UK delegations attending appropriate international organisations and events.
The Policy Council has published the report in an attempt to inform thinking before ‘The Constitutional Debate’ promoted by former
CAP Member Advocate Roger Perrot, scheduled to take place on 22 October.
Chief Minister Deputy Lyndon Trott said: ‘The publication of this report will help to place that debate in context. I thank the panel for
their work so far on this important subject. This report summarises the panel’s work during 2008 and crystallises its thinking at that
time.’
CAP has also welcomed the signing of the International Identity Framework Agreement with the UK since the formulation of its report.
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THE GUERNSEY PRESS
Human rights ruling forces examination of DNA policy
By Joel de Woolfson
17 November 2009
INDEFINITE holding by the Guernsey Police of DNA profiles of innocent people will be reviewed, the Home minister has confirmed.
Deputy Geoff Mahy said his department and the police would clarify the issue after any changes to UK law came into force.
UK ministers announced this week that they would be looking to change the law to allow the police to hold DNA samples taken from
people subsequently proved to be innocent of any crime for six years only.
However, those suspected of terrorist activities will be exempt and their DNA held permanently.
The move came after a Guernsey-born lawyer made international headlines by winning a European Court ruling which said the system in
the UK breached basic human rights.
Detective Chief Inspector Peter Dowding confirmed that Guernsey Police currently retain indefinitely a DNA sample from anyone
charged with an offence. He said they had been monitoring the UK situation.
As at 28 April this year, Guernsey Police held DNA from 3,440 people.
‘One has to bear in mind that this figure does not relate solely to persons who have been charged,’ said DCI Dowding. ‘Some are from
persons who have provided DNA on a voluntary basis and who have no objections to their DNA remaining on the database.’
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Commerce and Employment Department to consult over proposed Island Ombudsman
01 October 2009
The Commerce and Employment Department, through its Finance Sector Development Unit, has undertaken some investigatory work
into the issues surrounding the introduction of an Ombudsman in Guernsey.
The next steps will include a survey of financial services businesses, industry groups, the Guernsey Financial Services Commission,
consultation with the general public as well as other important stakeholders such as the Citizen’s Advice Bureau. The survey and
consultation will be released towards the end of the year and feedback will be carefully monitored and evaluated.
Commerce and Employment is investigating this matter carefully and is not prepared to simply ask the States to approve an in-principle
Ombudsman without very clear guidance from the various stakeholders groups and without substantially more evidence on the number
and type of unresolved complaints. This approach also meets the principle objectives as set out in the States Fundamental Spending
Review. Such schemes come at a cost, whether it be to the States of Guernsey or directly or indirectly to local business and islanders,
and it is therefore vital to carefully consider the most appropriate action to ensure that taxpayers money is spent appropriately.
The Department has noted recent media coverage, from different parties in relation to an Ombudsman and will be taking views of all
stakeholders seriously, but the ultimate decision is a matter for the States of Guernsey to deliberate.
Commerce and Employment is aware of recent developments in Jersey and recognises that this may be an area where co-operation
between the Islands might be beneficial. The Department has been speaking with its counterparts in Jersey to discuss the possibility of
closer co-operation on matters such as an Ombudsman and will continue to liaise with Jersey on this particular issue to establish whether
there are synergies.
The Finance Sector Development Unit will also investigate alternative proposals and consider any opportunities or common ground with
other Crown Dependencies, before any decision as to recommend this to the States is taken. A timetable for recommendation to the
States will be established once survey results are in and other options have been fully explored.
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Elizabeth II of the United Kingdom
Queen since 6 February 1952
Sir Fabian Malbon
Lieutenant Governor since 28 October 2005
None reported.