IHRC briefs UN Human Rights Committee on Ireland’s civil and political rights record
The Irish Human Rights Commission (IHRC) briefed the United Nations (UN) Human Rights Committee on Ireland’s record of protecting civil and political rights, in advance of its examination of Ireland’s 3rd Report on the International Covenant on Civil and Political Rights (ICCPR).
IHRC Commissioner Roger Sweetman SC opened his presentation on Ireland’s civil and political rights record to the UN Human Rights Committee stating "the IHRC was set up under the Good Friday Agreement to promote and protect human rights in Ireland and is mandated to keep Irish law, policy and practice under review to ensure they meet standards of best international practice. Along with being independent and impartial, the IHRC must have adequate resources to fulfil it mandate to ensure that the human rights of everyone in Ireland, specifically the most vulnerable are fully protected, particularly in a time of economic downturn."
Commissioner Sweetman continued "the IHRC is very concerned that key civil and political rights are not being fully protected by the Irish State and action is needed in many areas so that minimum human rights standards are respected."
Commissioner Sweetman highlighted the following issues in his briefing:
· Periods of detention and access to a solicitor
· Garda Síochána Ombudsman Commission (GSOC)
· Poor physical conditions and health & education services in Irish prisons
· Special Criminal Court
· Immigrants and Asylum Seekers: Removal from the State and Access to Judicial Review
· Recognition of Travellers Ethnicity
· Equal rights of women and men
· Charities Bill
Detention
The IHRC highlighted its concern about potential restriction of rights under the Criminal Justice Act 2007 including, the impact of extending the period of detention up to seven days, and the inferences that can be drawn from people’s silence under interrogation. A related matter is lack of access to a solicitor during the whole interrogation process. Commissioner Sweetman said that such a long period of detention impacts on a person’s right to liberty. "Extended periods of detention should only happen in exceptional circumstances and only under the authorisation of a judge." Commissioner Sweetman continued "a solicitor should be present at all times during interrogations by the Gardaí. Access to a solicitor is a recognised right in the Irish Constitution as well as a right under the ICCPR."
Garda Síochána Ombudsman Commission (GSOC)
The IHRC welcomed the establishment of the Garda Síochána Ombudsman Commission (GSOC) to carry out investigations into complaints concerning the conduct of individual members of An Garda Síochána. Commissioner Sweetman said "the GSOC should be given stronger powers to launch a review of its own initiative of any practice, policy or procedure of the Garda Síochána, with the aim of preventing ill-treatment and increasing public confidence."
Prison Conditions
The IHRC is concerned that the physical conditions and the rehabilitation services provided in many of the State’s prisons are wholly inadequate and fail to meet the minimum standards set out in the ICCPR. Commissioner Sweetman said "the practice of slopping out, the dangerous level of overcrowding and the lack of adequate mental health and education services in many Irish prisons was unacceptable. The State has an immediate responsibility to ensure minimum human rights standards in Irish prisons including providing adequate sanitation and adequate and appropriate accommodation."
Special Criminal Court
The IHRC raised concerns in relation to the retention of the ‘Special Criminal Court’ and called for the mechanism for referring cases to the Court to be addressed by the Government and the detailed recommendations of the Hederman Committee implemented.
Removal from the State and Access to Judicial Review
The IHRC is concerned that the Immigration, Protection and Residence Bill 2008 (2008 Bill) raises questions of compliance with a range of rights in the ICCPR, including the right to an effective remedy in relation to removal from the State and access to judicial review. The Bill allows for immediate removal from the State of anyone who is "unlawfully" present in the State. Under the provisions of the ICCPR, everyone present in the State, whether present lawfully or unlawfully, is entitled to the protection of their human rights including the right to family life and the right not to be subjected to torture and other ill-treatment. Commissioner Sweetman said "Where people to be removed are not given notice, it may be difficult or impossible for them to instruct lawyers and challenge their removal. Safeguards in current Irish law in relation to removal from the State should not be changed, to ensure that any removal is proportionate and does not place the person at risk of refoulement" or deny them access to justice."
Recognition of Traveller Culture
The IHRC is concerned that the State refuses to recognise the Traveller Community as an ethnic minority. Commissioner Sweetman said "Recognition that Travellers are an ethnic minority would make clear from a legal standpoint that the rights and protections that ethnic groups currently enjoy under international human rights law (including Article 27 of the ICCPR) would be comprehensively applied to members of the Traveller Community in Ireland."
Equal rights of women and men
Women in Ireland remain disadvantaged and unequal because of their gender, not withstanding progress that has been made in recent years. In the pursuit of greater equality for women, the IHRC considers that the Government’s obligations under the ICCPR require it to provide a firm commitment to address the stereotyped view of the role of women in Irish society by specifying a timeframe for amending Article 41.2 of the Constitution.
Charities Bill 2007
The IHRC expressed its concern that any proposed legislation on charities be drafted in such a way as to reflect the reality of modern charitable organisations.
The definition of "excluded body" in Section 2 of the Bill includes a body the principle object of which is to "promote a political party, candidate or cause". The IHRC has concerns about the inclusion in this definition of a body whose principle object is a ‘political cause’. While the IHRC recognised that there is a need to keep bodies which have the object of promotion of a political party or candidate outside of the definition of a charity, it is concerned that the new legislation be drafted in such a way as to include bodies in this definition whose work focuses on advocacy for social change.
The IHRC was also concerned about the exclusion of bodies promoting human rights from the definition of "charitable purpose" provided for under Section 3. As formulated in the Bill, bodies that promote human rights would be required to demonstrate that their work fulfils the requirement of "benefit to the community" within the meaning of Section 3 in order to be eligible to be placed upon the Register of Charities. The IHRC proposed that the advancement of human rights should be expressly included within the definition of charitable purpose.
ENDS
For further information please contact
Fidelma Joyce
Irish Human Rights Commission
Tel: 01 8589628
Notes to Editor
· Ireland is a signatory State to the International Covenant on Civil and Political Rights. It is required to report to the UN Human Rights Committee on a periodic basis on the Measures Adopted to Give Effect to the Provisions of the Covenant.
· In February 2007, Ireland submitted its 3rd periodic report outlining the legislative, judicial, administrative or other measures that have been adopted by Ireland to the UN Human Rights Committee. In August 2007, the IHRC made a submission to the UN Committee identifying areas of domestic law, where in the view of the IHRC, the Irish government was not fully compliant with its international obligations under the ICCPR. The IHRC submitted its full report (being published to-day) to the UN Committee in March 2008.
· The IHRC’s briefing provides the UN Human Rights Committee with focused and critical information on the situation of civil and political rights in Ireland since the State last reported in 1999. In making its submission, the IHRC assessed the State’s performance against the recommendations made by the UN Human Rights Committee in 2000 following its examination of Ireland’s State Report.
· The Good Friday Agreement consists of the British-Irish Agreement and the Multi-Party Agreement. The British-Irish Agreement is an international agreement between Ireland and the United Kingdom and as such is the legal element of the Good Friday Agreement. Under the British-Irish Agreement the two Governments affirmed their solemn commitment to support, and where appropriate implement, the provisions of the Multi-Party Agreement. The "Rights, Safeguards and Equality of Opportunities" section of the Multi-Party Agreement requires the Irish Government to "take steps to further strengthen the protection of human rights in its jurisdiction" and to bring forward measures that "ensure at least an equivalent level of protection of human rights as will pertain in Northern Ireland".
– Refoulement: Refoulement is the return of a person, in any manner whatsoever, to a jurisdiction where their life or freedom is threatened, or there are substantial grounds to believe that they will face a real risk of suffering serious harm, or torture or inhuman or degrading treatment.