The Irish Human Rights Commission (IHRC) today published its 2011 Annual Report. At the launch the IHRC called for the proposed legislation for the new Irish Human Rights and Equality Commission (IHREC) to be strengthened across five key areas to ensure that the body is completely independent of the State and thus in compliance with international standards. Mr Alan Shatter TD, Minister for Justice, Equality and Defence and Judge Donal Barrington, first President of the IHRC, launched the Annual Report.
Dr Maurice Manning, President of the IHRC said
"As can be seen from the IHRC’s work in 2011 and in previous years, the purpose of a National Human Rights Institution (NHRI) is to hold government to account on its human rights record. As such, it is not an arm of any Government Department and has a rather unique role. A NHRI exists primarily to ensure that the State is undertaking its duties to uphold human rights standards, and to challenge it when it fails to do so, including through its monitoring, protection and promotion functions. The draft legislation must be strengthened across five areas to ensure that the future IHREC can fulfil its role fully independent of the State. Our detailed concerns are set out in the Observations that we submitted to the Minister for Justice. It is important that the legislation ensures the IHREC can attain re-accreditation as an "A" status NHRI under the UN Paris Principles early in 2013."
Dr Manning continued
"There can be no question but that the definitions of human rights and equality in the legislation must be broad enough to ensure that that IHREC can hold the State to account across the full range of human rights and equality standards that Ireland has committed to uphold. The procedure for appointment of the Board also needs some revision to meet the required standards for openness, consultation, transparency and independence."
On the issue of accountability to the Oireachtas, Dr Manning said
"I welcome the strengthened role for the Oireachtas in relation to the IHREC. An ongoing connection to one Government Department risks both the actual and perceived independence of the new body and has had a negative impact on the functioning of both the IHRC and the Equality Authority in the past. As much of our scrutiny concerns the work of Departments in general and the remit of the Department of Justice in particular, there will always be conflict or potential conflict if the situation remains as is."
In relation to the administration of the new organisation, Dr Manning continued:
"While not set out in the draft legislation, we are also concerned about any possibility that human resources, administrative and financial controls, as well as confidential case files, would be moved into the Department of Justice system. International standards for National Human Rights Institutions (NHRIs) stress the need for national institutions to retain full control over all human resources, budgeting, spending, authorisation, drafting of financial controls and record-keeping in order to ensure their independence. The IHRC is committed to keeping costs as low as possible and has been carrying out these functions independently with minimal costs to date. Were those administrative functions to be moved into a Government Department it would save little if any money, but on the other hand risk seriously impacting on the new body’s independence in practice, something that will be picked up on internationally."
The IHRC notes that the new IHREC is to be a public body outside of the civil service and that as an independent NHRI it will need to have the ability to publicly recruit and appoint its own staff as a criterion of its independence. Dr Manning said
"It is important in order to ensure the independence of the IHREC that the new board publicly recruit and appoint its own staff into the future as has been the practice of the IHRC. The IHRC has made detailed recommendations to Government in this regard."
Dr Manning concluded
"the issue of human and financial resources will be crucial for the IHREC. Currently as a result of inadequate budgets and staff levels, the IHRC and Equality Authority are hampered in meeting their statutory obligations. I must stress that the IHREC needs to be properly funded to effectively carry out its functions. It will need a sufficient budget and more than the combined limited staff and financial resources of the IHRC and Equality Authority as they currently stand."
IHREC Legislation – 5 Areas of Concern
- Need for a definition of human rights and equality that does not limit the IHREC’s legal powers;
- Strengthen the process for independent selection of the Commission;
- Remove the significant administrative linkages and accountability to the Department for Justice and replace with accountability to the Oireachtas;
- IHREC to recruit and select own staff to ensure independence;
- Adequate budget and staffing to undertake statutory functions.
2011 Annual Report Highlights
Almost 15% increase in communications from the general public and organisations since 2010
Increased complaints were received from the general public and organisations on a wide range of issues. Mr Des Hogan, Acting Chief Executive of the IHRC, said
"We received an increase of almost 15% in individual communications in 2011. Dealing with individual human rights concerns as a means of holding the State to account, is a fundamental aspect of the work of the IHRC. Each communication received is responded to individually and depending on the issue raised may result in the granting of legal assistance or advice, or be the catalyst for a substantive piece of work, such as an enquiry or policy response."
Held Ireland to Account on its Compliance with International Human Rights Standards at the UN
Ireland’s record on a range of human rights came under scrutiny in 2011. Mr Hogan said
"We actively engaged in the first comprehensive review of Ireland’s human rights record before the UN Human Rights Council submitting our own independent report and engaging directly with Council Members; similarly we engaged with the UN Special Rapporteur on Extreme Poverty, the UN Committee on the Elimination of Racial Discrimination and the UN Committee Against Torture in providing independent assessments; all are key UN processes aimed at improving human rights protection in Ireland. We also met with and hosted an important event for the Council of Europe Commissioner for Human Rights."
Published Religion and Education: A Human Rights Perspective
Following a wide consultation the IHRC published Religion and Education: A Human Rights Perspective. Mr Hogan stated
"The Commission’s report called for increasing the diversity of school type in the State and ensuring that no proselytism or indoctrination of pupils can take place in order to respect faith and non-faith convictions in the State. The timely nature of the report meant that it could inform the deliberations of the Forum on Patronage and Pluralism."
Promoted and Protected Human Rights through the Courts
A key function of the IHRC is its protection mandate. Mr Hogan said
"by granting legal assistance, we successfully defended vulnerable individuals facing eviction from their homes. We also intervened in a number of significant cases before the High Court as amicus curiae (or friend of the court) where the court struck down laws as being unconstitutional or prohibited unfair trials. We also intervened before the European Court of Human Rights in a case concerning the extent of State responsibility for the abuse of a child by a primary school principal and with our French colleagues, in a case of forced sterilisation of girls with an intellectual disability in France."
Implemented a Civil and Public Service Education and Training Programme
Speaking on the Human Rights Education and Training Project (HRETP) for Civil and Public Servants, Mr Hogan said
"human rights principles are central to the delivery of quality customer service and public policy and civil and public servants are pivotal to achieving this important part of the State’s commitment to human rights. Through the Project we have distributed 7,000 copies of a Human Rights Guide for the Civil and Public Service, including a copy to every Garda Station in the country and offered tailored face-to-face human rights training to more than 400 civil and public servants. We look forward to continuing to work closely with Government Departments and public bodies in implementing this work into the future."
ENDS/
Spokespersons are available for comment
For further information please contact:
Fidelma Joyce, IHRC. Tel: 01 8589601, Mob: 087 783 4939
Notes to the Editor
The IHRC Annual Report 2011 will be launched by Mr. Alan Shatter TD, Minister for Justice, Equality and Defence and Judge Donal Barrington, 1st President of the IHRC at 3.30pm, Monday 25 June 2012 at the Alexander Hotel, Off Merrion Square, Dublin 2.
The IHRC provided its Observations on the Heads of the Human Rights and Equality Commission Bill 2012 to the Minister for Justice and Equality following their publication, setting out a range of areas where the draft legislation needs revision.
The 2011 Annual Report launch is likely to be the last Annual Report launched by the Irish Human Rights Commission in its current form, as it is the intention of the Government that the Commission be merged with the Equality Authority to form a new body, and this will likely take place early in 2013.
The United Nations 1993 Principles relating to the Status of National Institutions are known as the Paris Principles http://www2.ohchr.org/english/law/parisprinciples.htm. They are interpreted and applied by the Sub-Committee on Accreditation of the International Coordinating Committee of National Human Rights Institutions who assess National Human Rights Institutions (such as the IHRC) for compliance with the Paris Principles and give them ‘A’, ‘B’ or ‘C’ status depending on their compliance with the Principles. This process is recognised and supported by the United Nations. The IHRC has had ‘A’ status accreditation since 2003/4 and was reaccredited with ‘A’ status (that is, fully in compliance with the Paris Principles) in 2008. The IHRC is due for re-accreditation in 2013 by the Sub-Committee on Accreditation.
Sub-Committee on Accreditation, see http://nhri.ohchr.org/EN/AboutUs/ICCAccreditation/Pages/nextsession.aspx
For Sub-Committee on Accreditation Reports see http://nhri.ohchr.org/EN/AboutUs/ICCAccreditation/Pages/SCA-Reports.aspx