IHRC calls on Government to make voluntary commitments in advance of UN examination
The Irish Human Rights Commission (IHRC) is calling on the Irish Government to take 15 steps to advance human rights protection before the Irish State’s human rights record is examined under the United Nations (UN) Universal Periodic Review (UPR) at the Human Rights Council on 6th October 2011.
The UPR process is an innovative mechanism under which countries are held to account by their fellow member states of the United Nations every four years on their complete performance across the full range of civil, political, economic and social rights. In advance of that examination, the IHRC issued its own ‘report card’ on Ireland’s human rights record in March 2011 identifying serious gaps in human rights protection in Ireland.
The IHRC considers that the development of a National Action Plan for Human Rights is central to a joined up approach to human rights protection in Ireland. Dr Maurice Manning said
"as never before Ireland’s human rights record will be placed under the spotlight in a political and global context. In our own report to the Human Rights Council under the Universal Periodic Review (UPR) process, we highlighted serious gaps in human rights protection. In advance of the review, the Government still has an opportunity to makes changes in policy and practice, or at a minimum to give firm indications that change is imminent in these areas. We are calling on the Government to make 15 voluntary commitments to human rights to deal with our deepest concerns."
Dr Manning continued
"to ensure that human rights become central in Irish law, policy and practice requires the ratification and implementation of key UN treaties, including those related to disability and torture It is also important that civil and public servants are made aware of the state’s various obligations in respect of human rights. To achieve this there must be a commitment to human rights training in the civil and public service, and sufficiently resourced human rights and equality bodies to monitor and offer independent oversight to ensure that the State is meeting its international obligations. The absence of a comprehensive system to monitor racist incidents is one very worrying example of the gaps which exist in this regard."
In the context of the severe economic crisis facing Ireland, public policies to address the crisis should ensure that people who are vulnerable and disadvantaged are protected. Mr Éamonn Mac Aodha, CEO of the IHRC said
"we are calling on the Government to undertake by 2012 an assessment of the human rights impact of welfare and service related decisions."
Mr Mac Aodha continued
"reform of the justice, penal and asylum systems is also required. We are calling for a comprehensive statutory civil legal aid scheme, alternatives to custody for the punishment of minor offences, and an end to overcrowding and ‘slopping out’. We are also seeking an urgent review and changes to be made in the Direct Provision System for asylum seekers."
In conclusion Dr Manning said
"it would also be timely for the Government to reflect the changing nature of Irish society by committing to securing a diversity of school type that reflects the range of religious and non-religious convictions now in the State."
15 Proposed Voluntary Commitments
The IHRC is proposing that these commitments could be made by the State in advance of Ireland’s UPR.
National Action Plan for Human Rights
1. Introduce by 2012 a National Action Plan for Human Rights to mainstream human rights into Irish law, policy and practice, and to consider introducing a positive duty on public authorities to promote human rights and equality.
Strong Independent Human Rights & Equality Bodies
2. Reinstate the funding of the IHRC, Equality Authority, and other human rights and equality bodies so that they can continue to operate effectively to improve human rights and equality in Ireland. It is of note that a number of UN Treaty Bodies and Special Procedures have already called for this to be done.
Ratification of Key UN Treaties
3. Sign, ratify and implement key United Nations human rights instruments not yet committed to:
a. In particular, ratify the Convention on the Rights of Persons with Disabilities (CRPD) by the end of 2011 and have a properly resourced national monitoring mechanism in place by 2012 that meets the standards set out in Article 33 of CRPD.
b. In particular, ratify the Optional Protocol to the Convention against Torture (Op-CAT) by the end of 2011 and designate a properly resourced body or bodies as required under Op-CAT that is in compliance with the Paris Principles.
Address Key Education Issues
4. Develop a National Action Plan for Human Rights Education and Training in line with the World Programme on Human Rights Education.
5. Ensure all members of the Civil and Public Service receive human rights education and training and work with the IHRC in this regard.
6. Commit to securing a diversity of school type in all educational catchment areas in the State to reflect the diversity of religious and non-religious convictions now represented in the State, and pending this diversification introduce those safeguards proposed by the IHRC to protect the right to education and the right to freedom of religion, thought and conscience of all children.
Protect the Most Vulnerable in the Economic Crisis
7. Pledge non-retrogression on all economic policies and undertake by the end of 2012 an assessment of the human rights impact of welfare and service related decisions on those who vulnerable and disadvantaged.
8. Pledge to address as a priority housing needs of the most vulnerable in Ireland.
Reform Justice and Penal System
9. Introduce a comprehensive statutory civil legal aid scheme with adequate resources.
10. Develop alternatives to custody for the punishment of minor offences and develop, in consultation with the judiciary, a policy directed towards decreasing the numbers of persons being imprisoned for such offences.
11. Provide adequate sanitary facilities in all prisons, including in cell sanitation to ensure the end of ‘slopping out’ and take immediate steps to tackle overcrowding in prisons.
Protect Against Racial Discrimination
12. Introduce a comprehensive system for the monitoring of racist incidents.
13. Recognise Travellers as an ethnic minority and provide sufficient resources for the full implementation of Traveller Education and Health Strategies and the provision of culturally appropriate accommodation to all Travellers in line with Government policy.
Asylum System Reform
14. Reform the system of Direct Provision and implement an independent review process for complaints made by people in Direct Provision accommodation.
15. Eliminate the detention of deportees in prisons.
ENDS/
Notes to Editor
The IHRC’s UPR Report
The State UPR Report is available at: www.upr.ie/Clients/CEGA/UPRWeb.nsf/page/BEHO-8JFKXE1617264-en/$file/Ireland’s%20National%20Report%20FINAL.pdf
What is the Universal Periodic Review Process?
The Universal Periodic Review (UPR) is a new UN process that reviews the human rights records of all 192 Member States once every four years. The examination of Ireland’s record is a peer-review by Member States at the UN Human Rights Council. The ultimate aim of the UPR is to improve the human rights situation in all countries.
Under this new and innovative review process:
- Ireland will report on its record on all human rights – civil, political, economic, social and cultural.
- The Human Rights Council examines that record and recommends steps to strengthen human rights on the ground in Ireland.
Information on the UPR process.
Who can have their say?
Three reports will be used by the United Nations in the Review:
- State Report prepared by the Government
- Report prepared by the UN itself
- Report compiling the views of ‘Stakeholders’, including the National Human Rights Institution (the IHRC), community & voluntary organisations and wider civil society.
The UPR process allows the possibility for everyone to give their input on Ireland’s human rights record, through contributing to the report prepared by the IHRC, or community and voluntary organisations and wider civil society submitting their own reports. These reports are then combined by the UN in Geneva to form the ‘Stakeholder’ Report.
The IHRC has a role in promoting the UPR process
The IHRC, as Ireland’s National Human Rights Institution recognised as such by the UN, can submit its own report for this assessment of Ireland’s human rights record. To inform our report, the IHRC invited contributions from the general public and its other stakeholders.
The IHRC also supported community and voluntary organisations to take part in the process. We held a number of briefings around the country. The purpose of these briefings was to provide community and voluntary organisations, wider civil society, trade unions, academic institutions and student groups with information about the process and how organisations can prepare a report to send to the UN.
What will Ireland be examined on?
Ireland has committed itself to promote and protect human rights. As part of its commitment to human rights, Ireland must report on a regular basis to the United Nations (UN) on the extent to which it is meeting its international treaty obligations. For more information on Ireland’s treaty obligations
On 6 October 2011, Ireland’s record on human rights will be examined by the UN Human Rights Council under the Universal Periodic Review (UPR). It will review the extent to which it is meeting its obligations to protect the full range of rights: civil, political, economic, social and cultural.
What will happen at the UPR Session in Geneva?
During a three hour session of the Human Rights Council, the Irish Government will present its UPR report (submitted to the UN on 4 July 2011) before other UN Member States and outline any voluntary commitments it has made to improve human rights in Ireland in advance of the session. Member States may then make recommendations to the Irish Government on how to improve Ireland’s human rights record. The Government can accept or decline these recommendations. An outcome report outlining all the recommendations made during the session is then compiled by the troika (representatives from three UN Member States) and shared with the Irish Government. This outcome report will be formally adopted by the Irish Government in early 2012. For more information see www.ihrc.ie/upr