Friday 28 September 2012

Disenfranchisement of UK expatriates

 Disenfranchisement of expatriated British citizens

 


Right to vote lost whilst living abroad

British citizens living outside the UK are allowed to continue voting in the UK for a maximum of 15 years.  After this point they become disenfranchised, but do maintain their citizenship.
The 15 year period has been shorter and longer and is set at the discretion of Parliament.  The limited period of enfranchisement is intended to reflect a disconnection of overseas elector with the UK.

Contravention of the International Covenant on Civil and Political Rights

Article 25 of the International Covenant on Civil and Political Rights (ICCPR) states that “Every citizen shall have the right and the opportunity ... To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors”.  The UK ratified the ICCPR in 1976, but continues to ignore its commitments to expatriate citizens by disenfranchising them after a 15 year period of non-residence.
The ICCPR can be browsed here http://www2.ohchr.org/english/law/ccpr.htm and downloaded in PDF from here http://www2.ohchr.org/english/law/pdf/ccpr.pdf

The Ministry of Justice and its continuing silence on Article 25 of the ICCPR 

In May 2010 the Ministry of Justice Correspondence Unit was sent a letter asking what steps were planned to address the disparity between the UK’s commitment to overseas electors as expressed in the ICCPR and the disenfranchisement of the same British citizens after 15 years of non-residency.  You can see the letter here.
As of 24 August 2010, after a follow up email enquiry and two lengthy telephone calls to the Ministry, no response to the letter had been received nor had any acknowledgement of receipt of the letter.
Responsibility for electoral matters has, in the mean time, been transferred to the Cabinet Office.  As the Ministry of Justice was the responsible Ministry at the time of receipt of the letter, the obligation to respond remains with it.

Designated service leads to full citizenship but no franchise

British citizens living outside the UK and engaged in service representing the British government are considered to be in designated service in the terms of the British Nationality Act of 1981 and the provisions of the British Citizenship (Designated Service) Order 2006.  These citizens are able to pass on full citizenship (other than by descent) to their children.  Despite this recognition of their special status the franchise is not extended to them beyond the nominal period as laid out in the Political Parties, Elections and Referendums Act 2000.

Representation of the People Act 1985
Section 1, Paragraph 3 (c)
Valid for 5 years
Download here: http://www.opsi.gov.uk/acts/acts1985/pdf/ukpga_19850050_en.pdf

Representation of the People Act, 2000
Schedule 2, Paragraph 2
Valid for 20 years
Download here: http://www.opsi.gov.uk/acts/acts2000/ukpga_20000002_en_1

Political Parties, Elections and Referendum Act 2000
Part X, Paragraph 141
Valid for 15 years
Download here: http://www.opsi.gov.uk/acts/acts2000/ukpga_20000041_en_1