Written evidence from Amnesty International
UK
Amnesty International is a worldwide movement
of people who campaign for internationally recognised human rights
to be respected and protected. Our vision is for every person
to enjoy all of the human rights enshrined in the Universal Declaration
of Human Rights and other international human rights standards.
Our vision is to conduct research and take action to prevent and
end grave abuses of all rights—civil, political, social,
cultural and economic. From freedom of expression and association
to physical and mental integrity, from discrimination to the right
to shelter—these rights are indivisible.
1. Amnesty International UK is a member of the
Human Rights Consortium, a coalition of NGOs, Trade Unions and
Community and Voluntary Groups campaigning for a strong and inclusive
Bill of Rights for Northern Ireland. We share the view that such
a Bill of Rights can play a fundamental role in the creation of
a better, more just, inclusive and shared Northern Ireland.
2. We endorse the submission being made
to you by the Human Rights Consortium and this Amnesty International
submission should be considered supplementary to that received
from the Consortium.
3. Amnesty International has been involved
in this process since 1999 and has made several submissions to
the Northern Ireland Human Rights Commission (NIHRC) on the Bill
of Rights, supported the establishment of the Bill of Rights Forum,
on which we were represented via the "human rights sector"
agreed representative, and has continued a long-running dialogue
on the matter with political party representatives.
4. Amnesty International broadly welcomes
the advice presented to Government by the Northern Ireland Human
Rights Commission, notwithstanding a small number of concerns.
5. In keeping with the fact that all human
rights are universal and indivisible, Amnesty International welcomes
the fact that the NIHRC advice recommends provisions guaranteeing
justiciable economic, social and cultural rights, as well as civil
and political rights. However, we have some concerns as regards
the level of protection for socio-economic rights, and particularly
whether the language used regarding "taking appropriate measures"
meets the international standard established by International
Covenant on Economic, Social and Cultural Rights.
6. Amnesty International is concerned that
the NIHRC advice on implementation of the Bill fall short of the
recommendations broadly agreed by the Bill of Rights Forum, which
recognised explicitly the primary and fundamental responsibility
for implementation lying with the Government, particularly in
terms of funding. This should be corrected in any final proposals
from Government.
7. Overall, Amnesty International is satisfied
that the NIHRC has carried out an effective job, in line with
the mandate established in the Multi-Party Agreement of 1998,
in providing advice to Government on appropriate:
"rights supplementary to those in the European
Convention on Human Rights, to reflect the particular circumstances
of Northern Ireland, drawing as appropriate on international instruments
and experience. These additional rights to reflect the principles
of mutual respect for the identity and ethos of both communities
and parity of esteem, and—taken together with the ECHR—to
constitute a Bill of Rights for Northern Ireland."
8. Amnesty International is disappointed
that the Secretary of State for Northern Ireland, in his comments
to the Committee on April 1st 2009, acted precipitately in stating
his view that the NIHRC has gone beyond their remit in their recommendations,
before he has provided the opportunity to bring forth and consider
the views of the people of Northern Ireland by means of a public
consultation.
9. The Secretary of State's action in this
respect is all the more regrettable given the polling evidence,
over a period of the last 10 years, which has shown very significant
public support—from across the traditional political/religious
community divisions—for a strong and broad Bill of Rights
(see submission from the Human Rights Consortium for more information
on the latest such polling and the NIHRC dedicated website www.borini.info
for earlier poll findings).
10. Amnesty International now calls upon
the Government to build upon the advice of the NIHRC and to ensure
that Government recommendations for the proposed Bill of Rights
will closely reflect the advice of the Commission and offer guarantees
for the highest level of protection for all people in Northern
Ireland.
11. Amnesty International asks for the support
of the Committee in ensuring:
— a wide-ranging public consultation in
Northern Ireland on the Bill of Rights;
— substantive proposals from Government
which reflect the NIHRC advice;
— legislation within the lifetime of this
government in order to finally deliver on this outstanding commitment
from the Multi-Party Agreement.
1 May 2009
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