Falkland Islands (British Overseas Territory) |
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CONSTITUTIONAL STATUS
The Falkland Islands are a United Kingdom Overseas Territory by choice. Supreme authority is vested in HM The Queen and exercised by a Governor on her behalf, with the advice and assistance of the Executive and Legislative Councils, and in accordance with the Falkland Islands Constitution.
The present constitution dates from January 2009. The Constitution includes the Islanders' right of self-determination.
The Governor presides over an Executive Council composed of five members: three elected and two ex-officio (the Chief Executive and the Financial Secretary). In addition, the Attorney General and the Commander of the British Forces in the Falkland Islands attend by invitation. The Legislative Council has eight members elected by universal adult suffrage as well as the two ex-officio members of the Executive Council. It is chaired by a Speaker.
As is usual in British Overseas Territories, the elected Members have a substantial measure of responsibility for the conduct of their Territory's affairs. The Governor is obliged to consult the Executive Council in the exercise of his functions (except in specified circumstances, for example on defence and security issues, where he must consult and follow the advice of the Commander of the British Forces in the Islands). Although he has the constitutional power to act against the advice of the Executive Council, he would be required, without delay, to report such a matter to the British Government with the reasons for his action.
The most recent elections, to the eight person legislative Council took place on 5 November 2009. The next elections will be held in November 2013.
The current Members are:
Representing Stanley area:
The Hon. Dick Sawle MLA, The Hon. Jan Cheek MLA, The Hon. Glenn Ross MLA, The Hon. Emma Edwards MLA, The Hon. Gavin Short MLA
Representing the Camp (countryside) areas:
The Hon. Roger Edwards MLA, The Hon. Sharon Halford MLA, The Hon. William Luxton MLA
In April 2002 consultants from Social Development Direct visited the Falklands as part of a joint FCO/DfID project on "Realisation of Human Rights in the UK’s Overseas Territories". The Falkland Islands Government (FIG) have made significant steps forward themselves in the protection of human rights on the Islands. For example, several initiatives have been introduced in the field of child protection, including a new video link for giving evidence in court, and FIG has reviewed its employment legislation to ensure it complies with international guidelines on labour rights. Human rights on board fishing vessels in Falklands waters remains an area of concern, although some successful prosecutions have been brought. More broadly, Overseas Territories legislation should comply with the same international obligations to which Britain is subject. The following major Conventions apply in the Falkland Islands: