Northern Ireland Human Rights Commission
Encyclopedia
The Northern Ireland Human Rights Commission (NIHRC) is a non-departmental public body
funded through the Northern Ireland Office
but operating independently of government as the national human rights institution (NHRI) for Northern Ireland
. It came into existence on 1 March 1999, having been created by the United Kingdom
Parliament
through section 68 of the Northern Ireland Act 1998
, in compliance with a commitment made by the UK Government in the Belfast (Good Friday) Agreement
of 10 April 1998. Its powers were amended by the Justice and Security (Northern Ireland) Act 2007.
The full-time Chief Commissioner, Professor Monica McWilliams
, succeeded the first holder of the office, Professor Brice Dickson
, in 2005. There is a variable number of part-time commissioners (as of May 2011, five). The term of office is also variable: up to five years for the Chief Commissioner, and up to three years for other Commissioners. Until 2011, the norm was to offer three-year appointments and to offer a second term.
In July 2011 it was announced that Professor Michael O'Flaherty
would take over as Chief Commissioner in September, with seven part-time Commissioners. O'Flaherty would serve for five years and the Commissioners for three.
in Northern Ireland
, to review existing law and practice and to advise the Secretary of State for Northern Ireland
and the Executive Committee
of the Northern Ireland Assembly
on what legislative or other measures ought to be taken to protect human rights in Northern Ireland.
In addition, the Commission is able to conduct investigations, enter places of detention (subject to a requirement to give notice), and to compel individuals and agencies to give oral testimony or to produce documents. The Commission also has the power to assist individuals when they are bringing court proceedings, to intervene in proceedings and to bring court proceedings itself. It receives enquiries (from 600 to 900 per year) from people who believe that their human rights have been violated, and provides training and information on human rights.
It was specifically charged with advising on the scope for a bill of rights
to supplement the European Convention on Human Rights
(which is already part of the law in Northern Ireland as a result of the passing of the Human Rights Act 1998
). It produced its report in December 2008 and presented it to the Secretary of State. From December 2009 to 31 March 2010 the Northern Ireland Office
conducted a public consultation on its proposals to enact a Bill containing some elements of the Commission's recommendations, most of which were firmly rejected by the government. The Commission continues to campaign for enactment of a comprehensive Bill but the change of government following the 2010 general election made such an outcome very unlikely.
In August 2010 it was announced that, with effect from April 2013, the Commission's budget was to be cut by 25 per cent (from £1.7m in 2010-11). McWilliams, who had been reappointed for a four-year term ending in August 2012, announced that she would depart a year early, when the term of the part-time Commissioners ends. The Commission subsequently underwent a restructuring, losing two of its four management posts in July 2011.
The Commission is required to maintain a Joint Committee with the Irish Human Rights Commission
, created to fulfil the same role in the Republic of Ireland
.
(ICC), and full or "A status" accreditation in 2006. The Commission thus gained enhanced access to the Human Rights Council, treaty bodies and other United Nations
human rights bodies. The NIHRC was the first NHRI in the UK, but following the creation of the Scottish Human Rights Commission
(SHRC) and the Equality and Human Rights Commission (EHRC), both now ICC-accredited, the three bodies share representation and voting rights in the ICC and its regional network, the European Group of NHRIs
.
The NIHRC has since 1999 engaged in parallel reporting ("shadow reporting") at almost every UK periodic examination under the UN and Council of Europe
human rights treaties
, and in the Universal Periodic Review. It has been designated as part of the United Kingdom's independent mechanism for promoting, monitoring and protecting implementation in the state of the United Nations Convention on the Rights of Persons with Disabilities
. (It shares that role with the other two NHRIs in the UK - the EHRC and SHRC - and a fourth body, the Equality Commission for Northern Ireland
.)
The NIHRC's ICC accreditation was reviewed in May 2011, and the recommendation for renewed A status became effective in July.
in which loyalists
blockaded a girls' Primary School in Ardoyne, Belfast in 2001 and 2002. Dickson disagreed with a decision by the NIHRC's casework committee to support a parent's legal challenge to the policing of the dispute, and wrote in those terms to the then Chief Constable of the Royal Ulster Constabulary
. The letter entered the public domain during the legal proceedings and caused internal disputes in the Commission, leading to the resignation of some Commissioners and the 'withdrawal' of two others and criticism of the Commission by community leaders. The Commission continued to fund the parent's case, which was ultimately unsuccessful in the House of Lords
, which itself was critical of the Commission's intervention in the case.
, who was imprisoned during the Troubles after conviction in a non-jury Diplock court
, sought the NIHRC's support during his lengthy and ultimately successful battle to have his conviction overturned. He has since sought judicial review of its conduct.
, including £110,000 to fund its work on the development of proposals for a Bill of Rights
for Northern Ireland. The Commission was offered an additional £30,000 by Atlantic in 2010, but its sponsor department, the Northern Ireland Office, refused it permission to accept the funding.
Non-departmental public body
In the United Kingdom, a non-departmental public body —often referred to as a quango—is a classification applied by the Cabinet Office, Treasury, Scottish Government and Northern Ireland Executive to certain types of public bodies...
funded through the Northern Ireland Office
Northern Ireland Office
The Northern Ireland Office is a United Kingdom government department responsible for Northern Ireland affairs. The NIO is led by the Secretary of State for Northern Ireland, and is based in Northern Ireland at Stormont House.-Role:...
but operating independently of government as the national human rights institution (NHRI) for Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
. It came into existence on 1 March 1999, having been created by the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
Parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
through section 68 of the Northern Ireland Act 1998
Northern Ireland Act 1998
The Northern Ireland Act 1998 is an Act of the Parliament of the United Kingdom which established a devolved legislature for Northern Ireland, the Northern Ireland Assembly, after decades of direct rule from Westminster....
, in compliance with a commitment made by the UK Government in the Belfast (Good Friday) Agreement
Belfast Agreement
The Good Friday Agreement or Belfast Agreement , sometimes called the Stormont Agreement, was a major political development in the Northern Ireland peace process...
of 10 April 1998. Its powers were amended by the Justice and Security (Northern Ireland) Act 2007.
The full-time Chief Commissioner, Professor Monica McWilliams
Monica McWilliams
Monica McWilliams is a Northern Ireland academic and former politician. From 2005 to 2011 she served as the second Chief Commissioner of the Northern Ireland Human Rights Commission....
, succeeded the first holder of the office, Professor Brice Dickson
Brice Dickson
Professor Brice Dickson, a barrister from Northern Ireland, is Professor of International and Comparative Law at the School of Law, Queen's University Belfast. Formerly Professor of Law at the University of Ulster, he became the first Chief Commissioner of the Northern Ireland Human Rights...
, in 2005. There is a variable number of part-time commissioners (as of May 2011, five). The term of office is also variable: up to five years for the Chief Commissioner, and up to three years for other Commissioners. Until 2011, the norm was to offer three-year appointments and to offer a second term.
In July 2011 it was announced that Professor Michael O'Flaherty
Michael O'Flaherty
Professor Michael O'Flaherty is an Irish academic human rights lawyer and a member since 2004 of the United Nations Human Rights Committee , the expert body that oversees compliance with the International Covenant on Civil and Political Rights...
would take over as Chief Commissioner in September, with seven part-time Commissioners. O'Flaherty would serve for five years and the Commissioners for three.
Functions
The Commission's role is to promote awareness of the importance of human rightsHuman rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
in Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
, to review existing law and practice and to advise the Secretary of State for Northern Ireland
Secretary of State for Northern Ireland
The Secretary of State for Northern Ireland, informally the Northern Ireland Secretary, is the principal secretary of state in the government of the United Kingdom with responsibilities for Northern Ireland. The Secretary of State is a Minister of the Crown who is accountable to the Parliament of...
and the Executive Committee
Northern Ireland Executive
The Northern Ireland Executive is the executive arm of the Northern Ireland Assembly, the devolved legislature for Northern Ireland. It is answerable to the Assembly and was established according to the terms of the Northern Ireland Act 1998, which followed the Good Friday Agreement...
of the Northern Ireland Assembly
Northern Ireland Assembly
The Northern Ireland Assembly is the devolved legislature of Northern Ireland. It has power to legislate in a wide range of areas that are not explicitly reserved to the Parliament of the United Kingdom, and to appoint the Northern Ireland Executive...
on what legislative or other measures ought to be taken to protect human rights in Northern Ireland.
In addition, the Commission is able to conduct investigations, enter places of detention (subject to a requirement to give notice), and to compel individuals and agencies to give oral testimony or to produce documents. The Commission also has the power to assist individuals when they are bringing court proceedings, to intervene in proceedings and to bring court proceedings itself. It receives enquiries (from 600 to 900 per year) from people who believe that their human rights have been violated, and provides training and information on human rights.
It was specifically charged with advising on the scope for a bill of rights
Bill of rights
A bill of rights is a list of the most important rights of the citizens of a country. The purpose of these bills is to protect those rights against infringement. The term "bill of rights" originates from England, where it referred to the Bill of Rights 1689. Bills of rights may be entrenched or...
to supplement the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
(which is already part of the law in Northern Ireland as a result of the passing of the Human Rights Act 1998
Human Rights Act 1998
The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000. Its aim is to "give further effect" in UK law to the rights contained in the European Convention on Human Rights...
). It produced its report in December 2008 and presented it to the Secretary of State. From December 2009 to 31 March 2010 the Northern Ireland Office
Northern Ireland Office
The Northern Ireland Office is a United Kingdom government department responsible for Northern Ireland affairs. The NIO is led by the Secretary of State for Northern Ireland, and is based in Northern Ireland at Stormont House.-Role:...
conducted a public consultation on its proposals to enact a Bill containing some elements of the Commission's recommendations, most of which were firmly rejected by the government. The Commission continues to campaign for enactment of a comprehensive Bill but the change of government following the 2010 general election made such an outcome very unlikely.
In August 2010 it was announced that, with effect from April 2013, the Commission's budget was to be cut by 25 per cent (from £1.7m in 2010-11). McWilliams, who had been reappointed for a four-year term ending in August 2012, announced that she would depart a year early, when the term of the part-time Commissioners ends. The Commission subsequently underwent a restructuring, losing two of its four management posts in July 2011.
The Commission is required to maintain a Joint Committee with the Irish Human Rights Commission
Irish Human Rights Commission
The Irish Human Rights Commission is a public body, state-funded but independent of government, that promotes and protects human rights in the Republic of Ireland. It was established in 2000 by an Act of the Oireachtas...
, created to fulfil the same role in the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
.
International status
Although it operates at sub-national level, the NIHRC was in 2001 recognised as a member of the worldwide network of national human rights institutions, securing "B status" accreditation from the International Co-ordinating Committee of NHRIsInternational Co-ordinating Committee of National Human Rights Institutions
The International Coordinating Committee of National Human Rights Institutions, sometimes shortened to the International Coordinating Committee , is a global network of national human rights institutions - administrative bodies set up to promote, protect and monitor human rights in a given country...
(ICC), and full or "A status" accreditation in 2006. The Commission thus gained enhanced access to the Human Rights Council, treaty bodies and other United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
human rights bodies. The NIHRC was the first NHRI in the UK, but following the creation of the Scottish Human Rights Commission
Scottish Human Rights Commission
The Scottish Human Rights Commission was established by an Act of the Scottish Parliament [] and started their work in 2008. The Commission is independent of Government, and the Scottish and Westminster Parliaments. The Scottish Human Rights Commission promotes and protects the human rights of...
(SHRC) and the Equality and Human Rights Commission (EHRC), both now ICC-accredited, the three bodies share representation and voting rights in the ICC and its regional network, the European Group of NHRIs
European Group of National Human Rights Institutions
The European Group of NHRIs is one of four regional networks of national human rights institutions within the International Co-ordinating Committee of NHRIs...
.
The NIHRC has since 1999 engaged in parallel reporting ("shadow reporting") at almost every UK periodic examination under the UN and Council of Europe
Council of Europe
The Council of Europe is an international organisation promoting co-operation between all countries of Europe in the areas of legal standards, human rights, democratic development, the rule of law and cultural co-operation...
human rights treaties
International human rights instruments
International human rights instruments are treaties and other international documents relevant to international human rights law and the protection of human rights in general...
, and in the Universal Periodic Review. It has been designated as part of the United Kingdom's independent mechanism for promoting, monitoring and protecting implementation in the state of the United Nations Convention on the Rights of Persons with Disabilities
Convention on the Rights of Persons with Disabilities
The Convention on the Rights of Persons with Disabilities is an international human rights instrument of the United Nations intended to protect the rights and dignity of persons with disabilities...
. (It shares that role with the other two NHRIs in the UK - the EHRC and SHRC - and a fourth body, the Equality Commission for Northern Ireland
Equality Commission for Northern Ireland
The Equality Commission for Northern Ireland is a non-departmental public body in Northern Ireland established under the Northern Ireland Act 1998...
.)
The NIHRC's ICC accreditation was reviewed in May 2011, and the recommendation for renewed A status became effective in July.
Criticisms of the NIHRC
The NIHRC has been involved in a number of controversies since its creation.Holy Cross case
During Brice Dickson's tenure as Chief Commissioner, the NIHRC became involved in the Holy Cross disputeHoly Cross dispute
The Holy Cross dispute occurred in 2001 and 2002 in the Ardoyne area of Belfast, Northern Ireland, and involved an escalating dispute between on the one hand the pupils and parents of Holy Cross R.C. Primary School and on the other the residents of a loyalist area that lay on the route to the front...
in which loyalists
Ulster loyalism
Ulster loyalism is an ideology that is opposed to a united Ireland. It can mean either support for upholding Northern Ireland's status as a constituent part of the United Kingdom , support for Northern Ireland independence, or support for loyalist paramilitaries...
blockaded a girls' Primary School in Ardoyne, Belfast in 2001 and 2002. Dickson disagreed with a decision by the NIHRC's casework committee to support a parent's legal challenge to the policing of the dispute, and wrote in those terms to the then Chief Constable of the Royal Ulster Constabulary
Royal Ulster Constabulary
The Royal Ulster Constabulary was the name of the police force in Northern Ireland from 1922 to 2000. Following the awarding of the George Cross in 2000, it was subsequently known as the Royal Ulster Constabulary GC. It was founded on 1 June 1922 out of the Royal Irish Constabulary...
. The letter entered the public domain during the legal proceedings and caused internal disputes in the Commission, leading to the resignation of some Commissioners and the 'withdrawal' of two others and criticism of the Commission by community leaders. The Commission continued to fund the parent's case, which was ultimately unsuccessful in the House of Lords
Judicial functions of the House of Lords
The House of Lords, in addition to having a legislative function, historically also had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachment cases, and as a court of last resort within the United Kingdom. In the latter case the House's...
, which itself was critical of the Commission's intervention in the case.
Christy Walsh
A Belfast man, Christy WalshChristy Walsh case
John Christopher Walsh, from west Belfast, was convicted in 1991 by a Diplock court of possessing explosives in connection with the conflict in Northern Ireland, and campaigned for 20 years to clear his name on the basis that his conviction was a miscarriage of justice. His case was referred to...
, who was imprisoned during the Troubles after conviction in a non-jury Diplock court
Diplock courts
The Diplock courts were a type of court established by the Government of the United Kingdom in Northern Ireland on 8 August 1973, in an attempt to overcome widespread jury intimidation associated with the Troubles. The right to trial by jury was suspended for certain "scheduled offences" and the...
, sought the NIHRC's support during his lengthy and ultimately successful battle to have his conviction overturned. He has since sought judicial review of its conduct.
Acceptance of external funding
The NIHRC has also come under criticism for accepting additional funding from Atlantic PhilanthropiesAtlantic Philanthropies
The Atlantic Philanthropies is a private foundation created in 1982 by US businessman Charles F. "Chuck" Feeney. The Atlantic Philanthropies grant-making supports health and social projects in Australia, Bermuda, Northern Ireland, Republic of Ireland, South Africa, the United States and Viet Nam...
, including £110,000 to fund its work on the development of proposals for a Bill of Rights
Bill of rights
A bill of rights is a list of the most important rights of the citizens of a country. The purpose of these bills is to protect those rights against infringement. The term "bill of rights" originates from England, where it referred to the Bill of Rights 1689. Bills of rights may be entrenched or...
for Northern Ireland. The Commission was offered an additional £30,000 by Atlantic in 2010, but its sponsor department, the Northern Ireland Office, refused it permission to accept the funding.
Association with Lynn Sheridan
In June 2011 it was reported that the NIHRC had, in the course of its restructuring, engaged the services of a personnel consultant who had some years previously been struck off the nursing register for cruelty towards elderly patients.External links
- Northern Ireland Human Rights Commission — the Commission's website
- Bill of Rights Forum
- Human Rights Consortium
- Equality and Human Rights Commission Great Britain
- Scottish Human Rights Commission
- Equality Commission for Northern Ireland
- Irish Human Rights Commission
- National Human Rights Institutions Forum (NHRIs Global network)