Written evidence from NICEM
1. NICEM is an umbrella organisation representing
the interests of black and minority ethnic people in Northern
Ireland, member groups include settled ethnic minorities, migrant
workers, asylum seekers and refugees, Currently we have 27 affiliated
groups as our full members, such a composition is representative
of most of the ethnic minority communities in Northern Ireland.
GENERAL COMMENTS
2. NICEM asserts that a strong inclusive
Bill of Rights is essential for enshrining the principles of human
rights as the cornerstone of peacebuilding in Northern Ireland.
A high profile Bill of Rights with rigorous enforcement mechanisms
would give a voice to those most marginalized. We welcome the
opportunity that the creation of a Bill of Rights presents as
a key step in acknowledging the conflict whilst moving beyond
the traditional "two communities" approach in building
a more inclusive society. We hope that a strong, succinct accessible
and inclusive Bill of Rights for Northern Ireland can be fully
realized in the foreseeable future.
3. NICEM has been campaigning for a meaningful
and all encompassing Bill of rights for Northern Ireland for more
than 10 years along with other civil society organisations,
we are in support of the advise contained within the promising
proposal that the Northern Ireland Human Rights Commission presented
to you in December 2008.
SUBSTANTIVE COMMENTS
4. We believe that a strong and inclusive
Bill of Rights specific to "the particular circumstances
of Northern Ireland, drawing as appropriate on international instruments
and experience" in accordance with obligations in the Good
Friday Agreement would enable all people to fully assert their
rights and access the justice system.
5. It is vital that the Bill be concise,
robust and open to change in interpretation in order to make it
constantly relevant and applicable to society whilst being grounded
in a strong Human Rights Framework that positively promotes the
protection of the rights of all human beings to the highest possible
standard. In order to ensure brevity and coherence NICEM believes
that the rights of vulnerable groups should be mainstreamed where
appropriate.
6. It is essential that the Bill is implemented
effectively, with all rights fully enforceable and justicable.
The Bill of Rights must apply to all aspects of government activity
regardless of their status as devolved, reserved or accepted.
In order to ensure such importance we support the establishment
of a Human Rights Court in addition to the enforcement of the
Bill across all levels of the judicial system.
7. The Bill of Rights should not undermine
existing levels of international protection, specifically in relation
to the rights of minorities. In line with such obligations as
outlined in the Council of Europe's Framework Convention for the
protection of national minorities the term "communities"
should not be equated with the term "minorities".
8. NICEM asserts that Social and Economic
Rights are a critical element of a strong and inclusive bill of
rights and such rights should be fully enforceable inline with
the international principle of progressive realisation.
CONSULTATION
9. We would also like to emphasise the importance
of a meaningful and participatory consultation process in compliance
with obligations contained in section 75 of the Good Friday
agreement. We would urge the government to hold such consultations
as soon as possible, before the summer break, so that a comprehensive
and engaging process can be achieved. It is of paramount importance
that no delays in the process occur as this could jeopardise the
delivery of the Bill of Rights through legislation within the
lifetime of the current parliament.
We trust that you will give our comments full
consideration.
May 2009
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