Presentation by Dr. Maurice Manning,
President of the Irish Human Rights Commission
3 July 2008
I am delighted to be here today on behalf of the Irish Human Rights Commission (IHRC) to speak to members of the Oireachtas Committee on the occasion of the 10th Anniversary of the Good Friday/Belfast Agreement about the implementation of the human rights elements of the Agreement through the work of the IHRC and the Northern Ireland Human Rights Commission (NIHRC).
Human Rights at the Core of the Good Friday Agreement
Today is an important opportunity to recall that a commitment to respect and protect human rights and equality of opportunity is a core element of the Agreement. In signing the Agreement, the parties affirmed their ¡§commitment to the mutual respect, the civil rights and the religious liberties of everyone in the community.¡¨ To strengthen the protection of human rights the Irish Government made a commitment to:
„X Establish a national Human Rights Commission with a mandate and remit equivalent to the Northern Ireland Human Rights Commission to be established by Westminster;
„X To ratify the Council of Europe Framework Convention on National Minorities;
„X To implement enhanced employment equality legislation;
„X To introduce equal status legislation; and
„X To continue to take further steps to demonstrate its respect for the different traditions in the island of Ireland.
There has been substantial progress in implementing the human rights elements of the Good Friday Agreement. You will be aware that the Irish Human Rights Commission (IHRC) was established under the Human Rights Commission Act 2000, with a statutory mandate to endeavour to ensure that the human rights of all persons in the State are fully realised and protected in the law and practice of the State. Since its establishment, the IHRC has strived to carry out its powers as laid down in the Act to the fullest extent possible within the resources available to it. It has recommended to Government how human rights standards can be reflected in Irish legislation, it has appeared before the High Court and Supreme Court as amicus curiae or ¡¥friend of the court¡¦ in cases concerning human rights issues and it is active in promoting awareness and understanding of human rights and the role of the Commission through the media, events and educational initiatives.
Also in line with the Government¡¦s commitments under the Agreement an enhanced Employment Equality Act and Equal Status Act have been enacted and in May 1999 the Irish Government ratified the Council of Europe Framework Convention on National Minorities. Furthermore, the European Convention of Human Rights Act, 2003, gave indirect legal effect to the European Convention of Human Rights, giving greater protection to civil and political rights in Ireland.
Joint Committee
The Good Friday Agreement laid down not only a mandate for the founding of the two Human Rights Commissions on this island, but also the modalities to ensure that strong cooperation was institutionalised between them. The Agreement specifically envisaged the establishment of a joint committee comprising representatives of the two Human Rights Commissions, north and south, as a forum for considering human rights issues on the island of Ireland, and the respective legislations under which both Commissions were established created a statutory basis for this Joint Committee.
We particularly welcome this opportunity today to inform members of the progress of the Joint Committee, which functions as a structure to facilitate exchange and co-operation.
The first official meeting of the Joint Committee took place in November 2001, and since then, the Committee has met on a regular basis. The Joint Committee is a forum for considering human rights issues on the island of Ireland and provides an opportunity for both Commissions to co-operate in pursuit of commonly agreed objectives. Since its inception, the work and role of the Joint Committee has grown in strength. Already this year alone, the Joint Committee has met twice, in Dublin and in Belfast. Most recently, the Joint Committee was pleased to recruit a dedicated policy support contracter to support it in its work. This policy support contracter will act as a focal point for internal and external communications of the Joint Committee, as well as for joint policy or research work of the Joint Committee. We are sure that this contracter, shared jointly between the two Commissions, can only further enhance the already strong ties which exist between the two Commissions.
Commissioner Michael Farrell, will inform the members of some of the particular areas of work which the Joint Committee undertakes. However, I would like to give members one example of our cooperation, which took place in relation to the Omagh Support and Self-Help Group. The Chief Commissioner of the NIHRC and I met with the Omagh Support and Self-Help Group to convey the Commissions¡¦ joint response to their call for support for a cross-border inquiry into the Omagh bombing of 15 August 1998. The two Commissions have publicly called on both the British and Irish Governments to establish a review into the Omagh bombing and surrounding events, involving the appointment of a serving or retired judge of international standing to examine all available material to determine whether it is appropriate to institute an independent, cross-border, public inquiry into the atrocity.
As well as through the formal structure of the Joint Committee, the two Commissions have the opportunity to meet regularly in other contexts, particularly at meetings of the European Group of National Human Rights Institutions (NHRIs), which the Irish Human Rights Commission currently chairs. This Group is the European section of the International Coordinating Committee of National Human Rights Institutions which consists of over 60 fully-accredited National Human Rights Institutions. The IHRC and NIHRC, which are both fully accredited National Human Rights Institutions, play an active role in the international work of national human rights institutions, and this forum provides both Commissions with the opportunity to strengthen ties both with each other and with the international network of NHRIs.
Conclusion
The Irish Human Rights Commission and Northern Ireland Human Rights Commission are committed to working together on human rights issues which affect people throughout the island of Ireland. However, implementation of this aspect of the Good Friday Agreement can only be ensured if both Commissions are properly resourced and their work supported. I would therefore encourage the members of the Oireachtas Committee to ensure that there is continued commitment to the work of the two Commissions, and to ensure that in this year of the 10th Anniversary of the Good Friday Agreement, there is a renewed commitment to strengthening the two Commissions, both jointly and individually, representing as they do an important element of the Peace Process on this island.
ENDS
Oireachtas Joint Committee on the Implementation of the Good Friday/Belfast Agreement
Presentation by Michael Farrell,
Commissioner of the Irish Human Rights Commission
3 July 2008
I would also like to welcome this opportunity to speak to the members of the Committee today on the joint work of the Irish Human Rights Commission and Northern Ireland Human Rights Commission. In particular, I would like to focus on some of the substantive areas of work undertaken by the Joint Committee.
A Charter of Fundamental Rights for the Island of Ireland
Under the Agreement the Joint Committee was invited to consider ¡§the possibility of establishing a charter, open to signature by all democratic political parties, reflecting and endorsing agreed measures for the protection of the fundamental rights of everyone living in the Island of Ireland.¡¨
We would like to see this Charter as an inspirational statement of fundamental rights that would be guaranteed to everyone wherever they live or find themselves throughout the island of Ireland. And, like other major declarations of rights, we would hope that the Charter would be a living document that would adapt to changing circumstances and an increasingly diverse society in both jurisdictions on the island, but always in a progressive, expansive and inclusive way.
Progress in developing the Charter of Rights has been somewhat slower than we would have hoped, however. This was in part due to the length of time it took to set up the two Human Rights Commissions, and in particular the establishment of the IHRC. When the Joint Committee became operational the Charter became a central focus of its meetings, and a sub-Committee on the Charter of Rights was set up in March 2002. That sub-Committee produced a pre-consultation paper which reflected its thinking on the possible options for and contents of a Charter of Rights for the island. This pre-consultation paper invited comment and reaction without creating a fixed position.
Twenty eight substantive replies were received. Most of them were positive and the comments constructive; the idea of a Charter of Rights for the whole island of Ireland was viewed as a valuable opportunity to further the aims of the Agreement by protecting and promoting human rights throughout Ireland.
The Joint Committee felt it should await the outcome of the Bill of Rights process in Northern Ireland, but it is now developing a work plan to set the framework for more sustained work on establishing a Charter of Rights for the Island of Ireland. The Committee intends that the process of developing the Charter will continue to be open and consultative.
Racism
The Joint Committee was very conscious of the major and welcome influx of migrant workers and other immigrants into both jurisdictions on the island and the growing and visible diversity of society in both areas. It was also concerned, however, about the thankfully fairly limited number of racist incidents in both jurisdictions and the need to develop an inclusive and intercultural society that would make newcomers feel welcome and build good relationships between them and the local population. From the very beginning the Joint Committee established a Racism Sub-Committee to help coordinate the work of both Commissions in this area and contribute to the development of National Action Plans Against Racism both here and in the UK. One substantial output of the Committee¡¦s work on racism was its publication of a ¡¥User¡¦s Guide to the International Convention on the Elimination of All Forms of Racial Discrimination (CERD)¡¦. Particular concerns of the Sub-Committee on Racism include the rights of the Traveller Community, immigration and trafficking. The two Commissions work closely on these issues and the sub-Committee provides an important opportunity to discuss the work of the two Commissions and possibilities for joint projects.
Rights of Migrant Workers
The two Commissions are committed to working together on the topic of Migrant Rights and they have both called on their respective governments to ratify the UN Convention on the Rights of Migrant Workers and their Families. As part of the work of the Racism sub-Committee, the Irish Commission has carried out substantial research into what changes in law and policy would be required for Ireland to ratify the Convention. The two Commissions have made a commitment to publish a joint Guide to the Migrant Workers Convention, similar to the one on the CERD convention. In addition, both Commissions share information on the issue of immigration related detention and the provision of social welfare, health services etc. to immigrants and asylum seekers.
Human Rights Education
Promoting understanding and education on human rights is a key function of both Commissions, and vital for the long-term development of human rights on the island. Following in the footsteps of the NIHRC, the Irish Commission is developing its own Human Rights Education Strategy which will be informed by a study we are carrying out to map the extent of human rights education in Ireland.
The two Commissions actively support the Lift-OFF Cross-Border Primary Human Rights Education Initiative which is a partnership between Amnesty International Irish Section, Amnesty International UK, Irish National Teachers Organisation, Ulster Teachers Union and Education International. The Initiative has developed human rights education material that supports the integration of human rights in the primary curriculum in the Republic and Northern Ireland, and which supports many of the processes associated with Human Rights Education including school democracy, active learning, linking projects and whole school practices. The IHRC and the NIHRC are members of the steering group that oversees this initiative. The Commissions provide financial and other supports to activities aimed at promoting learning and the mainstreaming of human rights in the primary education curriculum and in primary education settings north and south, as delivered through the Lift-OFF Initiative. The Initiative has been very positively independently evaluated It will continue to need the financial and practical support of the Department of Education and Science and the Department of Education for Northern Ireland to effectively mainstream human rights education.
To further advance human rights in education consideration should be given to increasing its status within the frame of North-South Co-operation, through a structure such as a North-South Implementation Body.
Equivalent Level of Rights
The Agreement also contains a commitment by both British and Irish governments to ¡§a normalisation of security arrangements and practices¡¨ but while there have been developments towards demilitarisation and reducing the use of Diplock courts in Northern Ireland, there have been no significant developments in relation to the use of the Special Criminal Court in this jurisdiction. It is important that the Irish Government should not appear to make greater demands of others in this area than it is prepared to meet itself.
More generally, the Agreement contains a commitment by the Irish Government to take measures which would ¡§ensure at least an equivalent level of protection of human rights as will pertain in Northern Ireland¡¨. As our President, Dr. Manning, has indicated, a number of the specific measures referred to in the Agreement under that heading have been implemented and we welcome that.
However, we see this as a continuing commitment and there are still some areas where broader protections of human rights exist in Northern Ireland than in this jurisdiction.
These include the recognition of same sex partnerships and of the new identity of transgendered persons. We welcome the publication of the Government¡¦s proposals in the area of same sex partnerships and other relationships and we hope there will be similar movement on transgender rights so that human difference and diversity will be accepted in the same spirit in every part of the island.
Our two Commissions also hope that we can persuade the two governments to very speedily ratify the UN Convention on the Rights of Persons with Disabilities and to cooperate in greatly improving the position of a most disadvantaged minority throughout the island.
Conclusion
This important year of the 10th Anniversary of the Good Friday/Belfast Agreement provides both governments with an opportunity to reaffirm their strong commitment to the human rights principles contained in that Agreement. This commitment must include renewed support for the role and the work of the two Commissions, which form a crucial link between north and south in the area of human rights, and which strive to develop a strong human rights framework for the protection and promotion of human rights for every person on this island.
ENDS