Autumn 2013
about th e ICCL
m essag e from th e di r ector
The Irish Council for Civil Liberties (ICCL) is Ireland’s leading independent human rights watchdog, which monitors, educates and campaigns in order to secure full enjoyment of human rights for everyone. Founded in 1976 by Mary Robinson and others, the ICCL has played a leading role in some of the most successful human rights campaigns in Ireland. These have included establishing an independent Garda Ombudsman Commission, legalising the right to divorce, securing more effective protection of children’s rights, decriminalising homosexuality and the introduction of enhanced equality legislation. We believe The last few months have seen some very in a society which protects and promotes encouraging developments for the ICCL that human rights, justice and equality. I am happy to be able to share with you.
What we do • We advocate for positive changes in the area of human rights. • We monitor government policy and legislation to make sure that it complies with international standards. • We conduct original research and publish reports on issues as diverse as equal rights for all families, the right to privacy, policy reform and judicial accountability. • We run campaigns to raise public and political awareness of human rights, justice and equality issues. • We work closely with other key stakeholders in the human rights, justice and equality sectors.
How you can help
First and foremost, we have made important inroads into securing the long-term financial sustainability of the Irish Council for Civil Liberties. The Atlantic Philanthropies has made a further seven-figure commitment to the organisation for a four-year period (until 2017), for which we are profoundly grateful. Significant additional funding has been secured from a blend of existing and new donors. For the third successive year, the Criminal Justice Programme of the European Union has selected the ICCL as one of a handful of civil society organisations to which it provides core support (to assist us to coordinate the JUSTICIA network). New donors that have decided to invest in the ICCL’s work include The Ireland Funds, the Ford Foundation and the Open Society Foundations. These new sources of funding will allow us to consolidate our national and international work and progressively to reduce our previous reliance on the Atlantic Philanthropies as our principal core funder.
You can help us to continue our work to monitor, train, conduct research, campaign and lobby for changes in legislation to ensure our rights are protected and In this issue of Rights News, you will find ample evidence of the good use that the ICCL promoted. Please visit our website: www.iccl.ie or phone makes of the funding it receives. us on 01 799 4504 to make a donation. Contact us: ICCL, 9-13 Blackhall Place, Dublin 7 T:+ 353 1 799 4504 F:+ 353 1 799 4512 E: info@iccl.ie W: www.iccl.ie Cover Image: Glamo, one of the guest DJ’s who performed at this year’s LOVEACTION campaign at the Electric Picnic
Breakthroughs have been achieved in several areas in which the ICCL has been working for decades. New abortion legislation is on the statute book, finally giving effect to the judgment of the Supreme Court in the X case, and a 2010 judgment against Ireland by the European Court of Human Rights. A resounding vote (79%) in favour of legalising marriage for same sex couples was achieved at the Convention on the Constitution, after sustained joint work by the ICCL, Marriage Equality and the Gay and Lesbian Equality Network. The European Union has adopted a new law that, in due course, will require An Garda Síochána to permit the presence of a lawyer during police questioning. But there is so much more to do. The Protection of Life during Pregnancy Act is only a halting step in the direction of providing safe and legal terminations for women who require them. The Government has yet to outline its concrete plans to legalise equal marriage, or to clarify how it intends to “transpose” into Irish law the new EU Directive on the right of access to a lawyer in criminal proceedings and on the right to communicate upon arrest. In these, and many other areas, sustained work by the ICCL and its partners will be required if the modernisation of Ireland’s law and policy is to be fully achieved. Funding from international organisations, trusts and foundations is crucially important, but individual donations from our members provide the lifeblood for the ICCL’s campaigning work. Over the coming years, as we complete the realignment of our traditional funding base, we will be turning to those of you who have supported us at a modest level to ask you to give more. Very progressive shifts in social attitudes have taken place in Ireland in recent years, but far too many of our colleagues, friends and neighbours still face abuse, discrimination and exclusion. If you share our belief in human rights and equality and you can afford to make a greater financial contribution to our work than you currently do, then please contact us today. As this edition of Rights News again demonstrates, a donation to the ICCL is money very well spent.
Mark Kelly Director
MONITORING HUMAN RIGHTS
of legal and policy tools that are common to all democratic societies. These include insistence on compliance by the government with its international human rights obligations, as well as the vigorous enforcement of the law and the delivery of programs of human rights awareness raising. In Northern Ireland though, more is needed. This is a society coming out of conflict. With that in mind, there are glaring gaps that need to be addressed. Here are three: First, Northern Ireland needs to deal with the past in a coherent way. Instead of the patchwork of trials, inquests, inquiries and investigations, it needs a joined-up programme of what is called “transitional-justice”, that marries judicial action with such other things as truth-recovery and memorialisation. It’s time we learned from other post-conflict societies across the world about how to take this now standard step in the healing of society.
We need a Bill of Rights that is specific to Northern Ireland … There is no excuse for further inaction on this pivotal element of the peace process
15 Years since the Belfast / Good Friday Agreement – an anniversary to celebrate? Northern Ireland Human Rights Commissioner Prof. Michael O’Flaherty reflects on the human rights situation in Northern Ireland, 15 years after the historic Belfast/ Good Friday Agreement The flag protests in Northern Ireland have been all about human rights. The protestors have rights of identity, culture and expression. Those who are arrested are entitled to justice. Residential communities have their rights to security, privacy and home life. The rights of police officers, journalists and politicians are jeopardised. The economic rights of all the people have been compromised. And this came at the moment when we should have been celebrating the 15th anniversary of the signing of the Belfast/Good Friday Agreement. What went wrong? Did the agreement fail to deliver a society that upholds the human rights of us all? Any attempt to answer such questions needs as its starting point an acknowledgement of what has been achieved. Northern Ireland is a democratic society that values the rule of law. Human rights checks and balances are locked into the systems of governance. The Police Service of Northern Ireland has a good corporate human rights culture. We have a vibrant community of non-governmental groups. The Northern Ireland Human Right Commission is busier than ever. For all the achievements, there is much to regret. Society remains profoundly divided. Ninety percent of social housing is segregated along sectarian lines. The continued existence of “peace walls” should appal us all. Many needs of the victims of the troubles, including those who were injured and traumatised, remain unaddressed. Not enough has been done to reintegrate ex-prisoners into society. The human rights problems extend well beyond the context of the troubles or of a divided society. For instance, the debate around Welfare Reform has reminded us of the extent to which poverty, including child poverty, are such serious problems. Irish Travellers remain very disadvantaged and we are concerned about the levels of prejudice directed against groups such as the Roma and the LGBTI communities. To address problems like these we can and we do call on any number
Second, the State has the duty, reflected in the Belfast/ Good Friday Agreement, to make every effort to build a fair and respectful society in which good relations are vigorously promoted. After an extended period of inaction, government recently announced a ‘Together: Building a United Community’ Strategy. It is imperative that the implementation of this strategy be human rights-based. Third, we need a Bill of Rights that is specific to Northern Ireland. With it, we would have a clearer and more accessible law-based platform on which to build. The Northern Ireland Human Rights Commission delivered its advice on the content for a Bill a few years back – we stand over that advice. There is no excuse for further inaction on this pivotal element of the peace process. While delivering on human rights and building a just society is the business of everyone, at this moment the politicians have the key role to play. In July, they were given the opportunity to deliver on that duty with the announcement of all party talks to be chaired by US envoy, Richard Haass. It is with the outcome of those talks that we will be able to determine whether this will be an anniversary year of celebration or disappointment. Professor Michael O’Flaherty will be Chief Commissioner of the Northern Ireland Human Rights Commission until 31 October 2013. He is Professor of Human Rights and Co-Director of the Irish Centre for Human Rights, NUI Galway. On 11 December 2013, Professor O’Flaherty will deliver the Keynote address – Putting the “Law” back into Human Rights – at this year’s ICCL Annual Dinner for the Legal Profession. The event includes a drinks reception, lecture and a three course meal with wine in the private dining area of Fallon & Byrne, Exchequer Street, Dublin 2 from 7:00 PM. Tickets are €110 per person, or a corporate rate of €585 for 6 tickets. Any surplus proceeds raised will support the Irish Civil Liberties Trust, the registered charity which makes funds available to the ICCL (CHY 11460). To book tickets or for further information, please contact Karen Ciesielski by phoning 01 799 4504 or email info@iccl.ie. The drinks reception is kindly sponsored by The Bar Council of Ireland.
SECU R I NG EQUALITY
GLEN’s Brian Sheehan, Marriage Equality’s Moninne Griffith and the ICCL’s Mark Kelly address a press conference in response to the Convention vote.
Convention Votes Overwhelmingly to Support Marriage for Same-Sex Couples In April, the Convention on the Constitution held the third in a series of two-day plenary sessions examining certain aspects of the Constitution and considering whether or not reform is required. The theme for the session was ‘Provisions for Same-Sex Marriage.” Prior to the session, the Convention Secretariat reported receiving more than 1000 written submissions on the issue, the vast majority of which were in favour of equal access to marriage. From these, a small number of civil society organisations, both proponents and opponents of marriage equality were invited to appear before the Convention to make formal presentations to the members. The ICCL was one such organisation and, together with Marriage Equality and GLEN, made representations to the Convention on why it was time to introduce provisions for marriage equality into the Irish Constitution. The ICCL’s Policy and Research Officer, Stephen O’Hare, joined Moninne Griffith
and Gráinne Healy of Marriage Equality and Tiernan Brady and Muriel Walls from GLEN, to briefly and succinctly outline the case for marriage equality to Convention delegates. They were joined by two young people, Conor Pendergrast and Clare O’Connell, both children of same-sex parents, who provided the Convention with a stirring and inspirational account of why same-sex families deserve equal recognition in Ireland. The convention also heard testimony from Colm O’Gorman of Amnesty International (Ireland) and Dr Conor O’Mahony of UCC who participated in an open panel debate with David Quinn of the Iona Institute, Michael Dwyer from Preserve Marriage and Dr Carol Coulter, former legal editor with the Irish Times. Having listened to a range of speakers expressing opinions on the matter, the Convention voted overwhelmingly (79 percent) to recommend the inclusion of marriage for same-sex couples in
the Constitution. Delegates, including parliamentarians from all of the main political parties, further supported a provision that, in the event that marriage for same-sex couples is introduced, the State should enact laws incorporating all of the necessary reforms required in relation to parentage, guardianship and the upbringing of children in order to ensure full marriage equality in Ireland for same-sex couples and their families. Speaking at the conclusion of the two-day session, ICCL Director Mark Kelly said “the vote [in favour of marriage for same sex couples] sends a clear message to Government that the time is right to ask the Irish people to remove one of the last bastions of official discrimination in Ireland. Successive polls have indicated that such a move is favoured by a majority in this state. Public engagement with the Constitutional Convention, and today’s vote, bear this out.”
SECU R I NG EQUALITY
The Convention on the Constitution – What’s Next? The Convention on the Constitution continues its work examining certain aspects of the Irish Constitution and, subject to endorsement, proposing recommendations for reform which the Government has pledged to consider. The Convention began its work last January, when 66 ordinary citizens, 33 parliamentarians (including representatives for the Northern Ireland Assembly) and independent chairperson, Mr Tom Arnold, met to discuss proposals to lower the voting age and reduce the term of the Irish Presidency from seven to five years. Since then, the Convention, which meets on most months in the Grand Hotel Malahide, has considered provisions on the role of women in the Constitution and increasing women’s participation in public life, provisions to allow marriage for same-sex couples, Dáil electoral reform and, most recently, votes for Irish citizens living abroad. The Convention is set to conclude the first phase of its work this autumn following discussions on whether to remove the clause on blasphemy in the Constitution and with another topic yet to be selected by the Convention. To date, the Convention has laid four separate reports in the library of the Houses of the Oireachtas for consideration, including a report recommending that provision be made to make full civil marriage available to same sex couples.
ICCL Welcomes Proposals for “Partial Thaw” in Employment Equality Restrictions
The ICCL’s written submission to the Convention on the Constitution on provision for marriage for same-sex couples
The clock is ticking. On 2 July 2013, the Convention on the Constitution laid its report from the plenary session in the library of the Houses of the Oireachtas to await consideration by Government. The Government has committed to responding within four months of each report, with time to be set aside for a full Oireachtas debate on each issue. If, following that debate, the Oireachtas endorses a recommendation by the Convention to amend the Constitution, the Government, if in agreement, will include a timeframe for a referendum to decide the issue. The ICCL and its partners are counting down to 1 November 2013, the date by which the Government has pledged to formally respond to the recommendations in the Convention’s report from its third session. Speaking at the launch of the official Hear Our Voices Countdown Clock, ICCL Director Mark Kelly said, “Today’s report to Government by the Convention on the Constitution is the natural next step on the road to marriage equality for same sex couples in Ireland... the ICCL fully expects that, within no more than four months, the Government will announce that a referendum will be held to bring our Constitution into line with modern equality norms”. You can view the official Countdown Clock on the website of the ICCL or on the Hear Our Voices website at www.hearourvoices.ie
In March 2013 the ICCL welcomed backbench legislative proposals that could lead to a “partial thaw” in institutional discrimination against LGBT persons by publicly-funded institutions. The Employment Equality (Amendment) (No 2) Bill 2013 was published by Senator Ivana Bacik and TDs Aodhan Ó’Riordan, John Lyons, Ciara Conway and Dominic Hannigan in early March 2013. The Bill seeks to restrict the circumstances in which publically-funded institutions can rely on the so-called “religious ethos” exemption to justify discriminating against employees or prospective employees on the basis of their gender identity, sexual orientation and civil status. Privately run institutions would continue to be exempt. The ICCL welcomed the Bill as a step in the right direction which could help to thaw the chilling effect that equality law exemptions currently have on LGBT people openly acknowledging their sexuality in the workplace. The Bill fails, however, to go far enough. Passage of the Bill in its current form will not prevent religiously-run institutions from discriminating against employees or prospective employees. Rather, it will merely create an additional hurdle, making it more difficult in practice to do so. Minister for Justice, Equality and Defence Alan Shatter T.D. has since requested that the Irish Human Rights and Equality Commission (IHREC) review the religious exemption section of the Act as it currently stands, and IHREC has agreed to do so. The ICCL will follow the progress of the Bill, and of the IHREC’s rightsbased analysis of Equality Law, in the coming year and continue to call for a complete end to legal discrimination in our equality law system.
SECU R I NG EQUALITY
Protection of Life During Pregnancy Act Signed into Law The ICCL welcomed the enactment of the Protection of Human Life During Pregnancy Act 2013, which was signed into law by President Higgins on 30 July 2013. Although its provisions are extremely restrictive, the ICCL welcomed the legislation in providing long overdue clarity on abortion where a mother’s life is at risk. The ICCL has consistently campaigned for this since the X case in 1992, and more recently in the aftermath of the case of A, B and C v Ireland at the European Court of Human Rights. Action on this matter also formed one of the key civil society recommendations during the Your Rights Right Now campaign under Ireland’s Universal Periodic Review at the UN in 2011 (see below). While the legislation is to be welcomed, it nonetheless falls a long way short of meeting international human rights standards, and fails to meet the recommendations of several UN Committees. For example, a risk to the health of the mother is not catered for, and stark criminal sanctions continue to apply for women and their doctors where an abortion is conducted outside the narrow confines of the legislation. Furthermore, the procedure to determine whether or not a woman is suicidal (including the appeals procedure) is lengthy and requires pregnant women to undergo multiple assessments. The ICCL is also concerned about the framework for conscientious objections in the legislation. In order to achieve compliance under the European Convention on Human Rights, practitioners who conscientiously object to the treatment should have a duty of care to ensure the expeditious transfer of the care of the woman to another doctor/health professional, an obligation which is not expressly set down in the legislation. Despite this historic legislative development, access to lawful abortion remains unavailable to a woman carrying a foetus with a fatal abnormality, a situation which was recently described as a “great cruelty” by the Minister for Justice, Equality and Defence, Mr Alan Shatter. The Minister further stated that he believed “as a State we have responsibilities we should live up to in this area.” The ICCL will continue to advocate for the reproductive rights of women in Ireland, including with respect to cases of rape, incest and fatal foetal abnormality. Most recently, in August 2013, the ICCL highlighted the shortcomings of the 2013 Act in submissions to the UN Human Rights Committee and the UN Committee against Torture.
D E T EN
“Immediately repeal the Offences Against the Person Act 1861 (criminal sanctions for those who have abortions and those who assist them) and immediately enact legislation to clarify the circumstances under which an abortion may be lawful, as recommended by the Constitutional Review Group in 1996 and the European Court of Human Rights in 2010”
M E L P
IM
The Your Rights Right Now campaign’s recommendation under section 12 (Women’s reproductive rights) of its Civil Society Stakeholder Report on Ireland’s Universal Periodic Review at the UN in 2011, now fully implemented.
Walter Jayawardene of the ICCL, Olivia McEvoy of the NLGF, Andrea Rocca of Frontline Defenders and Colm O’Gorman of Amnesty International Ireland present the 2013 GALA Award for International LGBT Activist to Kasha Jacqueline Nabagasera at an event in the offices of Amnesty International Ireland in April 2013. Photo: Louise Hannon
Ugandan LGBT activist Presented with GALA International LGBT Activist Award In spring 2013 the ICCL joined colleagues from Amnesty International Ireland, Frontline Defenders and the National Lesbian and Gay Federation (NLGF) to present the GALA Award for International LGBT Activist to Ugandan human rights defender Kasha Jacqueline Nabagasera. Kasha was in Dublin to raise awareness of the work of her organisation Freedom & Roam Uganda (FARUG) in combating Kasha Jacqueline Nabagesera was featured on the homophobia and cover of the April issue of Gay Community News violence in her native country, where homosexuality remains illegal and subject to harsh criminal penalties. Kasha has pledged to use the award, which comes with a bursary of €2000, to support the work of FARUG, and to provide extra security and protection for her colleagues who are under constant threat of attack. The NLGF’s fourth annual GALAs awards were held on 23 February 2013. The GALA Awards for International LGBT Activist is co-sponsored by the ICCL, Amnesty International Ireland, Frontline Defenders and the NLGF, and honours the work of activists campaigning for the rights of LGBT people around the world. Kasha Jacqualine Nabagasera was Amnesty International’s nominee for the Award.
PROMOTI NG J USTICE
JUSTICIA Network Members Marion Isobel (OSJI), Irmina Pacho (Polish Helsinki Foundation for Human Rights), Maros Matiasko (Czech League of Human Rights), ICCL Director Mark Kelly, Karolis Liutkevicius (Human Rights Monitoring Institute, Lithuania) with Grace Mulvey, Kizito Wahome and Triona Jacob of the ICCL.
The JUSTICIA European Rights Network Network Members decided to accept Rights International Spain, a Spanish organisation working to protect, promote and respect human rights and civil liberties through the enforcement of international law principles, as a new partner organisation.
Victims’ Rights
Greg Heylin of the Victims of Crime Office, Maria McDonald, author of the Victims’ rights guide, & ICCL Director Mark Kelly The ICCL is delighted to announce that the European Commission has again approved our application for core funding to enable the continuation of the JUSTICIA European Rights Network. This is a busy period for the Network as we build on the success of 2012 and renew our commitment to work together with our partner organisations across Europe in the area of EU criminal justice reform, specifically procedural rights and the human rights of victims of crime. The Network’s third official Members’ meeting was convened at the Open Society Justice Initiative’s offices in Budapest, Hungary, on 10 September 2013 where partner organisations gathered to discuss the upcoming Network activities, joint advocacy initiatives and future plans including membership expansion. Here,
The Victims’ Directive is a new piece of EU-level legislation that protects victims of crime and was adopted at European level on 15 November 2012. It must be implemented by all national governments of EU States by 16 November 2015 at the latest. On Monday 23 September 2013 the legislative action that the Government must take was highlighted at a launch in Dublin’s Law Society of the JUSTICIA European Rights Network’s comprehensive ‘Know Your Rights Guide on the Victims’ Directive’. The JUSTICIA Network was delighted to welcome Greg Heylin, Director, Victims of Crime Office, to officially launch our publication, as well as Maria McDonald BL, author of the Guide.
Right to Information on Charges The JUSTICIA Network was also pleased to host an EU Criminal Justice Know Your Rights Legal Seminar on the Right to Information in Criminal Proceedings on Monday 23 September 2013. After excellent presentations by Marion Isobel (Legal Officer, Open Society Justice Initiative), Irmina Pacho (Lawyer, Helsinki Foundation for Human Rights, Poland) and Jean Tomkin (Solicitor at Sheehan and Partners), Michael Finucane (Principal of Michael
Finucane Solicitors) moderated a fruitful discussion between criminal law practitioners, representatives of the Office of the DPP, An Garda Síochána, the Department of Justice and JUSTICIA Network Member representatives from Hungary (OSJI), Czech Republic (League of Human Rights), Poland (Helsinki Foundation for Human Rights), and Lithuania (Human Rights Monitoring Institute).
Access to a Lawyer and Legal Aid Reform The JUSTICIA Network welcomed the adoption of the Directive on the Right of Criminal Suspects to Access a Lawyer and to Communicate with Consular Officials and Third Parties Upon Arrest, on 10 September 2013. Although regrettably the Irish Government has yet to opt in, the implementation of this Directive will significantly improve the rights of suspects and accused persons in criminal proceedings across Europe. With this in mind, a number of JUSTICIA events will take place in Network Member countries and in Brussels, which will focus on awareness-raising, as well as the furtherance of Measure C (C1-Access to a Lawyer and C2-Legal Aid Reform) as a whole. For more information about the JUSTICIA European Rights Network, please visit www.eujusticia.net.
MONITORING HUMAN RIGHTS
Ireland back before the UN Human Rights Committee in 2014 In July 2014 Ireland will be examined before the 111th Session of the UN Human Rights Committee in relation to the State’s Fourth Periodic Report under the International Covenant on Civil and Political Rights (ICCPR). The State report was submitted to the Committee in July 2012. Ireland last appeared before the Committee in July 2008. On that occasion the ICCL, together with the Free Legal Advice Centres (FLAC) and the Irish Penal Reform Trust (IPRT), produced a detailed shadow report on Ireland’s third periodic report and led a large delegation of Irish civil society organisations to lobby the Committee members on issues of concern in relation to Ireland’s human rights record. Committee Members subsequently lauded the ICCL, and its partners, for the highly professional manner in which it engaged with the Committee and with the treaty monitoring process. In October 2013, the Committee will again compile the List of Issues to be addressed by Ireland ahead of next year’s oral hearing at the Palais Wilson in Geneva. Once again, the ICCL will coordinate the production of a shadow report to inform the Committee on the State’s progress regarding its obligations under ICCPR. Earlier this year the ICCL established a steering group comprising a number of representatives from civil society organisations to oversee the production of a submission on the List of Issues and, subsequently, a Shadow Report. In June 2013, the ICCL invited submissions from across civil society, encouraging organisations to highlight their own concerns regarding Ireland’s fourth periodic report and continuing obligations under the Covenant. In August, the ICCL submitted a detailed 70-page report to the Human Rights Committee Secretariat, highlighting a number of issues arising under 18 separate heading relating to ICCPR. The submission will assist the Secretariat’s Country Reporting Task Force, which is charged with compiling a draft List of Issues regarding Ireland for consideration by the Committee at its 109th session in October. The ICCL will continue to actively engage in this important international treaty monitoring process to press for full compliance by Ireland with its obligations under the Covenant.
Palais Wilson in Geneva, headquarters of the Office of the United Nations High Commissioner for Human Rights. Credit: United Nations Multimedia
ICCL’s Mark Kelly with co-panellist Monica Kareithi, Programme Officer (Equality and Non-Discrimination), the Kenyan Human Rights Commission, at Brooklyn Law School.
New International Network Launches in New York This Autumn, the International Network of Civil Liberties Organisations (INCLO), of which the ICCL’s Director is Co-Chair, held two public launch events in New York City. On 9 October 2013, Mark Kelly chaired a panel discussion at which INCLO launched its first publication, “Take Back the Streets: Repression and Criminalization of Protest Around the World,” a collection of nine case studies examining the policing of peaceful assemblies, accompanied by concrete recommendations to expand free speech. The launch took place at the Manhattan headquarters of the Open Society Foundations (OSF) and speakers included OSF’s recently-appointed President, Chris Stone. The report is available at this link: https://www.aclu.org/ sites/default/files/assets/global_protest_suppression_report_inclo.pdf Later that week, Mark spoke on a panel at a second INCLO launch event, a Symposium on Religious Freedom and Equal Treatment held at Brooklyn Law School. His co-panellist was Monica Kareithi (pictured) of the Kenyan Human Rights Commission. The panel was moderated by Professor Susan Herman of Brooklyn Law School, who is also Chair of the Board of ICCL’s INCLO partner organisation, the American Civil Liberties Union (ACLU).
MONITORING HUMAN RIGHTS
Commissioners designate Kieran Rose, Frank Conaty, Siobhán Mullally, Mark Kelly, Orlagh O’Farrell, Heydi Foster, Betty Purcell, Liam Herrick, Ray Murphy, David Joyce, Teresa Blake and Sunniva McDonagh on their way to brief the Oireachtas Joint Committee on Justice and Equality. Not shown, Fidèle Mutwarasibo, Mary Murphy.
Members Designate of New Irish Human Rights and Equality Commission Appointed On 16 April 2013, Alan Shatter TD, Minister for Justice, Equality and Defence, announced the 14 new members designate of the new Irish Human Rights and Equality Commission (IHREC). The new Commissioners Designate include the ICCL’s Director Mark Kelly, along with a number of colleagues from across the civil society sector. These appointments follow an independent and open recruitment process, representing a clean break with the tradition of direct Ministerial appointments to the new Commission’s predecessor bodies, the Irish Human Rights Commission and the Equality Authority. Pending the enactment of the Irish Human Rights and Equality Commission Bill, the Commissioners Designate are fulfilling their statutory positions under the Irish Human Rights Commission Acts and the Employment Equality Act. The new legislation is expected to be published this Autumn.
Irish Human Rights and Equality Commission Designate Teresa Blake Chairperson of Mental Health Tribunal; Barrister Frank Conaty Chartered Accountant; Former Chair and current member of National Parents and Siblings Alliance since 2002 Heydi Foster Director of Exchange House National Travellers Service; Non Executive Director of MABS; Trustee of Common Purpose Ireland Liam Herrick Director of the Irish Penal Reform Trust
David Joyce Barrister and former legal policy officer with the Irish Traveller Movement Mark Kelly International human rights lawyer; Director of the Irish Council for Civil Liberties; Co-Chair of the International Network of Civil Liberties Organisations Sunniva McDonagh Senior Counsel; Member of Property Services Appeals Board; Member of Penal Strategy Review Group Siobhán Mullally Professor of Law, UCC; Member of the Permanent Court of Arbitration,The Hague; Member of the Council of Europe Group of Experts on Action Against Human Trafficking Mary Murphy Lecturer in Irish Politics and Society, NUl Maynooth. Fidèle Mutwarasibo Sociologist; founding member of Africa Centre; former board member of We the Citizens and Integration Manager with the Immigrant Council of Ireland Ray Murphy Professor of Law, Irish Centre for Human Rights, NUI Galway; Member of Human Rights Institutes Orlagh O’Farrell Independent Consultant on equality, employment law, and discrimination issues; Member of Community Legal Resource Network; Member of Equality and Rights Alliance Betty Purcell Senior Producer with RTE Television; part time media lecturer; founder member Irish Women United Kieran Rose Chairperson of GLEN; Senior with the Offices of International Relations and Research in Dublin City Council
MONITORING HUMAN RIGHTS
ICCL Joins International Colleagues in Intervention on US Government Surveillance Revelations June 2013 saw major revelations in the UK’s Guardian newspaper of the US Government’s PRISM Surveillance Programme, which has the ability to acquire and monitor the content of communications and other data, including location data, from international users of popular Internet services in real-time. The revelations by former Guardian journalist Glenn Greenwald, based on leaks by former NSA analyst Edward Snowdon, sparked widespread outrage. The breaking story coincided with a planned high-level EU-US Ministerial-level Justice and Home Affairs meeting in Dublin on 14 June 2013 under the auspices of Ireland’s Presidency of the EU. Participants included US Secretary for Homeland Security, Janet Napolitano and US Attorney General, Eric H. Holder, Jr., the Vice-President of the European Commission responsible for Justice, Fundamental Rights and Citizenship, Viviane Reding, and the European Commissioner responsible for Home Affairs, Cecilia Malmström. To mark this meeting, and to highlight to European officials the serious human rights concerns that the revelations raised, the ICCL joined with fellow International Network of Civil Liberties Organisations (INCLO) network members to publish a full-page statement in the Irish Times (pictured right) warning that such vast and pervasive state surveillance interferes with the fundamental rights of privacy and freedom of expression, enshrined in Article 12 of the Universal Declaration of Human Rights and Article 17 of the International Covenant on Civil and Political Rights. The statement recalled European and American international legal obligations to guarantee legal protections against such interference, and called on the United States to end this extraordinary intrusion into the lives of billions around the world. This high profile international intervention resulted in widespread media coverage and increased pressure on the European Union to take a strong line on data protection and privacy at the Ministerial meeting, where Viviane Reding was clear in communicating that the privacy and data protection rights of Europeans were “non-negotiable”. The statement was signed by INCLO partners the American Civil Liberties Union (ACLU); the Association for Civil Rights in Israel (ACRI); the Canadian Civil Liberties Association (CCLA); Centro de Estudios Legales y Sociales (CELS); the Egyptian Initiative for Personal Rights (EIPR); Hungarian Civil Liberties Union (HCLU); the ICCL; the Kenya Human Rights Commission; the Legal Resources Centre (South Africa), Liberty (UK).
Today in Dublin, Minister for Justice and Equality Alan Shatter TD will chair an EU-US Ministerial-level meeting in his capacity as President of the Justice and Home Affairs (JHA) Council of the European Union. Participants will include US Secretary for Homeland Security, Janet Napolitano and US Attorney General, Eric H. Holder, Jr., the Vice-President of the European Commission responsible for Justice, Fundamental Rights and Citizenship, Viviane Reding, and the European Commissioner responsible for Home Affairs, Cecilia Malmström. As their agenda includes a high-level session on data protection, we would like to draw their attention to the following joint statement by eight independent national organisations committed to the protection of fundamental rights and freedoms: International Civil Liberties Organisations’ Statement on Dragnet U.S. Government Surveillance Program DUBLIN / LONDON /NEW YORK – In response to revelations that a U.S. government program known as “PRISM” gives the United States National Security Agency unprecedented access to the servers of major technology companies, an international group of Civil Liberties Organizations issued the following joint statement: Recent reports indicate that the U.S. government has the ability to acquire and monitor the content of communications and other electronic data, including location data, from international users of popular Internet services in real-time. That capability allows for the monitoring of the communications, movements, and associations of countless people around the world. Such vast and pervasive state surveillance violates two of the most fundamental human rights: the right to privacy and to freedom of expression. Article 12 of the Universal Declaration of Human Rights requires that “no one shall be subjected to arbitrary interference with his privacy, family, home or correspondence,” and Article 17 of the International Covenant on Civil and Political Rights grants similar protections. The PRISM program sweeps in such an enormous amount of personal information that it simply cannot comply with those standards. PRISM also threatens the right to freedom of expression, the right to hold opinions without interference, and the rights to seek, receive, and impart information. International law also requires that states provide legal protections to guarantee against interference or attacks on individual privacy. The United States must comply with these international obligations and end its extraordinary intrusion into the lives of billions around the world. Signed by the following independent national organisations committed to the protection of fundamental rights and freedoms: The American Civil Liberties Union (ACLU); The Association for Civil Rights in Israel (ACRI); the Canadian Civil Liberties Association (CCLA); Centro de Estudios Legales y Sociales (CELS); the Egyptian Initiative for Personal Rights (EIPR); Hungarian Civil Liberties Union (HCLU); the Irish Council for Civil Liberties (ICCL); the Kenya Human Rights Commission; and Liberty. These organisations cooperate globally through the International Network of Civil Liberties Organisations (INCLO).
SECU R I NG EQUALITY
LOVEACTION at the Electric Picnic From 30 August – 1 September the ICCL once again teamed up with Marriage Equality, the Gay and Lesbian Equality Network, the NLGF, BeLonG To, LGBT Noise and Gay Community News to take part in the LOVEACTION campaign collective at the Electric Picnic music festival in Stradbally, Co Laois. The LOVEACTION campaigners called on festival-goers to sign our call on Government to follow up on April’s Constitutional Convention decision by holding a referendum on equal marriage at the earliest possible date. LOVEACTION got its message out loud and clear, with the help of a host of guest DJs ensuring that the collective’s marquee was a hive of activity throughout the weekend. By the close of the festival, over 7000, fully a quarter of the festival attendance, signed up in support of equal marriage for same sex couples. The ICCL’s Grace Mulvey secures Mr Motivator’s support of the LOVEACTION campaign
LOVEACTION DJ Sally Cinnamon spinning some tunes with her nephew
Resident LOVEACTION DJs Aine Beamish and Sara Jade Evenden, AKA Beams on Toast
Guest LOVEACTION DJ Una Mullally
Ronan Healy (silver coat) gathers friends to the LOVEACTION marquee for a dance off
iccl n ews, EVENTS & pu b lications
jurisdictions – Ireland, England &Wales, Northern Ireland, Scotland, Australia, New Zealand and Canada. Persons covered in the report include people with physical and sensory impairments, people with intellectual impairments, people experiencing mental illness, and those with chronic illnesses which may lead to limitations on daily activities. The report highlights the legal and service gaps that exist in Ireland in respect of victims of crime with disabilities. It demonstrates how these gaps could be filled by reference to best practices adopted in the six other common law jurisdictions and makes recommendations for improvements to existing policy and legislative provisions in Ireland.
A full house in Dublin’s City Hall for the retrospective of the Irish AntiApartheid movement
ICCL Founder Kader Asmal Remembered at Anti-Apartheid Exhibition ICCL founder and anti-apartheid activist Kader Asmal was remembered at a retrospective exhibition on the Irish Anti-Apartheid movement, held by the South African embassy in Dublin’s City Hall on 22 April 2013.
The publication of the report will coincide with a forthcoming half day conference on the rights of victims of crime with a disability.
Bringing International Standards Home – The ICCL’s 2012 Annual Report We are delighted to announce the publication of the ICCL’s 2012 Annual Report, Bringing International Standards Home, a comprehensive overview of the ICCL’s work and achievements in 2012.
Some highlights of our work in 2012 include ensuring Ireland followed through on international human rights obligations under the UN Convention Against Torture, the Universal Periodic Review, and the European Convention on Human Rights. The year also saw the ICCL formalise its leadership of the pan-European JUSTICIA human rights network on fair trial and victims’ rights, while also In addition to being a leading figure in the Irish Anti-Apartheid playing a leadership role in the emerging International Network movement, Kader Asmal, who passed away in June 2011, was a founding of Civil Liberties Organisations (INCLO), ensuring that the ICCL member of the ICCL, and played an important role in the formation of remains responsive to the latest global trends in human rights and the civil rights movement civil liberties. in Northern Ireland. He returned to South Africa in The report also includes developments in relation to the ICCL’s Know Your Rights project, as well as the launch of our innovative Hear Our the 1990s and became a Voices initiative, which co-ordinates civil society engagement with Minister in the first postthe Constitutional Convention. Our human rights awareness and apartheid government education initiatives, including the ICCL Youthreach Human Rights under Nelson Mandela. Project and the Human Rights Film Awards, are also covered. A collection of essays comThe Annual Report is available to read via the ICCL website. A limited memorating Kader’s life number of hard copies are also available. Please contact the ICCL The ICCL’s Karen Ciesielski, Deirdre Duffy and work will be published office for further details. and Walter Jayawardene in front of the ICCL’s by the ICCL in the coming memorial to Kader Asmal, which had pride of months. place at the exhibition. The ICCL was delighted to collaborate with the South African embassy on the exhibition, providing a memorial display marking Kader’s achievements in defending human rights and equality here in his adopted homeland.
The Rights of Victims of Crime with a Disability The ICCL will shortly publish a comparative report entitled An International Review of Legal Provisions and Supports for People with Disabilities as Victims of Crime by Prof Shane Kilcommins, Dr Claire Edwards and Tina O’Sullivan from the faculty of Law, University College Cork (UCC). The book was part funded from the Equality Small Grants Fund administered by the Equality Authority, which provided an initial grant for the project in 2012. The report is a comparative study on the rights and experiences of persons with a disability as victims of crime across 7 common law
Rights News, Issue 25, Autumn 2013 ISSN 1649-9530