The Irish Human Rights Commission (IHRC) will today be present at Ireland’s examination on its human rights record by the UN Human Rights Council under the Universal Periodic Review (UPR) process. The IHRC hopes that the considerable gaps in human rights protection it has highlighted to the United Nations will result in recommendations by the UN Human Rights Council. The Government must take seriously such recommendations.
Ireland will be examined for the first time on its record on all of its human rights obligations (civil, political, economic, social and cultural rights) under the UPR process. In advance of that examination, the IHRC submitted its own report to the UN in March 2011. In this report, the IHRC made concrete recommendations on improvements needed in relation to the rights of Travellers, migrants and asylum seekers, women, children, people with disabilities, people in poverty and prisoners among others. The IHRC report also dealt with broad legislative and policy areas including health, education, immigration, criminal justice, and social welfare. The IHRC has since then also called on the Government to make 15 voluntary commitments to address the serious gaps in human rights protection in advance of its Hearing before the UN Human Rights Council and the IHRC has actively engaged with UN Member States to inform them of its concerns.
Dr Maurice Manning, President of the IHRC said "this is a key opportunity for the Government to make positive human rights changes in Ireland. There have been serious gaps in the State’s efforts to date to meet its human rights obligations. Key reforms at constitutional, legislative, policy and service level are required to strengthen human rights in Ireland. It is not acceptable that important human rights treaties that would increase protections for vulnerable groups such as people with disabilities, migrant workers and people held in detention remain to be ratified. The IHRC has raised its concerns with Member States of the Human Rights Council urging them to make strong recommendations for change and so compel Ireland to address the deficiencies in human rights protection. As the National Human Rights Institution, we are confident that the Human Rights Council will reflect many of our concerns in the final report on Ireland."
Dr Manning continued "Drastic cuts in resources over the last 3 years to human rights and equality bodies have hampered our efforts to safeguard human rights and to hold the State to account. The proposed merger of the Irish Human Rights Commission and the Equality Authority provides an opportunity to ensure that the merged body is properly resourced. It is vital that this chance is grasped."
In relation to voluntary commitments the IHRC urged Government to make in advance of its hearing under the Universal Periodic Review, Mr Éamonn Mac Aodha, Chief Executive of the IHRC said "The IHRC called on the Government to make 15 voluntary commitments in advance of its examination by the UN Human Rights Council which would address the serious gaps in human rights protection identified by us. To date no such commitments have been made. I hope the Government takes the opportunity today during its Hearing before the Human Rights Council to announce changes that will improve human rights protection in Ireland. The uptake by the State of the IHRC’s recommendations would reduce the human rights deficit and strengthen protection for everyone, especially the most vulnerable in Irish society."
ENDS/
Spokespersons are available for comment
For further information please contact:
Fidelma Joyce
IHRC
Tel: 01 8589601 Mob: 087 783 4939
Notes to Editor
15 Voluntary Commitments called for by IHRC
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. The IHRC is of the view that a stand-alone Human Rights Commission offers the most suitable prospect for human rights protection in Ireland. However, it is also of the view that any merged body must enhance and strengthen Ireland’s human rights and equality structures. All of the provisions of the Paris Principles must be met in the legislation and functions of the National Human Rights Institution and it must be ensured that ‘A’ Status NHRI accreditation is maintained. In particular, the merged body must be independent and be seen to be such. The Commission should also be made accountable to the Oireachtas, and Ireland should ensure a transparent and credible Board appointments process, independent staffing and adequate resources for the proposed body. The IHRC should play a leading role in shaping the proposed body.
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 are 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.
A LIVE WEBCAST OF IRELAND’S UPR EXAMINATION – FROM 8AM TO 11AM (GMT) ON 6 OCTOBER – IS AVAILABLE AT: http://www.unmultimedia.org/tv/webcast/c/un-human-rights-council.html
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.
For more information on the UPR process, see:
www.ihrc.ie/upr
http://www.ohchr.org/en/hrbodies/upr/pages/uprmain.aspx
How will Ireland’s UPR examination be conducted?
The UPR examination lasts for 3 hours. It takes place from 8am to 11pm (GMT) in the Human Rights Council room. The Irish delegation will be headed by Minister for Justice, Equality and Defence, Mr. Alan Shatter. The head of delegation (Minister Shatter) usually makes any statements and answers questions, assisted by his delegation, but other members of the delegation can also answer questions if invited to do so by the head of delegation.
In line with UPR best practice, the Irish delegation will make an opening statement (20 minutes) followed by alternate 20 minute sessions of questions and responses. Questions are typically asked and recommendations made by between 40 and 60 national delegations. Some Member States submit their questions in advance which Ireland can choose to answer early in the session.
The interventions from Member States are based on the 3 UPR working documents: the State Report, UN Report and Stakeholder Report (to which IHRC inputted), as well as information provided by stakeholders e.g. through side events.
What happens after the UPR examination?
Ireland’s Troika is Bangladesh, Italy and Moldova.
Following the session a report is prepared by the troika with the involvement of Ireland and assistance from the OHCHR. This report, referred to as the "outcome report", provides a summary of the actual discussion. It therefore consists of the questions, comments and recommendations made by States to Ireland, as well as the responses by Ireland.
The outcome report is usually adopted 48 hours after the review. In Ireland’s case, the report will be adopted by the Council on Monday 10th October.
Ireland has the opportunity to make preliminary comments on the recommendations contained in the outcome report, choosing to either accept or reject them. Both accepted and refused recommendations are included in the report.
After the report has been adopted, editorial modifications can be made to the report by States on their own statements, within the following two weeks.
The final report then has to be adopted at a plenary session of the Human Rights Council. In Ireland’s case, this will take place in March 2012.
During this plenary session adopting the report, the State under review can reply to questions and issues that were not sufficiently addressed during the Working Group and respond to recommendations that were raised by States during the review.
Time is also allotted to member and observer States who may wish to express their opinion on the outcome of the review and for the NHRI, NGOs and other stakeholders to make general comments.