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Speaking Out for Human Rights

Annual Report 2009

ICCL Annual Report 2009 1 Attendees at the joint ICCL, FLAC and IPRT conference ‘Implementing Human Rights in a Time of Change’, April 2009

2 ICCL Annual Report 2009 Contents

introduction Message from the Co-Chairs 04 Director’s Foreword 05

our people 06

our work — Fostering a Human Rights Culture 08 — Promoting Justice 11 — Securing Equality 15 — Education & Outreach 18

publications & events 22 fundraising 26 flagship project for 2010 27

our finances 29

Annual Report 2009

ICCL Annual Report 2009 3 Message from the Co-Chairs

2009 was another important year for the 2009 also saw significant expansion and Over the past year, the organisation also The past year also saw the ICCL become ICCL’s work promoting and protecting development of the ICCL’s human rights significantly expanded its outreach work, the European Union Fundamental human rights. education work. The organisation launched particularly in the form of the Human Rights Agency’s National Focal Point on ‘Think Before You Click’, a teaching Rights Film Awards which succeeded in Racism, Xenophobia and related forms This was a difficult year, particularly in resource for the CSPE curriculum focusing bringing human rights to new audiences of Intolerance. This important work is relation to the government’s response to on developing young people’s capacity and engaging with those in the Arts to a recognition of the ICCL policy team’s organised crime, culminating in the to manage their own privacy while using promote human rights issues through capacity for quality research. Criminal Justice (Amendment) Act 2009. new media. Work on our Know Your Rights creative endeavour. Similarly, the ICCL The ICCL opposed this legislation and project culminated in the launch of ‘Know teamed up with other organisations 2009 also saw the first independent made robust recommendations for tackling Your Rights: Criminal Justice and Garda via LOVEACTION at the Electric Picnic evaluation of the ICCL, from which you the problem of organised crime in ways Powers’, the first in a series of booklets to promote equality for Lesbian, Gay, will find excerpts quoted in this report. which are human rights-based and that demonstrates a renewed focus on Bisexual and Transgender people and consistent with the rule of law. In so doing, the practical information-provision side families, highlighting the importance in Thanks are due to the exceptional staff the ICCL continued to show real leadership of the ICCL’s work, and the importance of these economic times of cooperating with team at the ICCL who with great care in this key area of our work. equipping everyone with the information like-minded groups to effect change. and skill deliver the strategy of the they need to better promote and protect organisation; Deirdre, Joanne, Karen, their human rights. Karla, Lorraine, Mark, Stephen, Suzanne, Tanya and Walter.

Thanks also to all of the ICCL’s members and supporters who throughout this past year have continued to ensure that the organisation goes from strength to strength.

Malachy Murphy Natalie McDonnell Natalie McDonnell, Co-Chair (Policy) Malachy Murphy, Co-Chair (Operations)

4 ICCL Annual Report 2009 Director’s Foreword

Welcome to our Annual Report for 2009, While billions of euros of public funds When the Government chipped away at fair frontline advice givers to use anti- which documents another very busy year were ploughed into propping up a broken procedures in the criminal justice system discrimination law to tackle inequalities for the Irish Council for Civil Liberties. banking sector, many community and (on the false pretext of tackling “gangland” faced by marginalised groups. We are voluntary sector organisations were crime), the ICCL led a campaign that speaking out for human rights and, as you The theme of this year’s annual report is allowed to wither on the vine. culminated in the measures being referred will see in this report, people are listening. “speaking out for human rights” and that by the President to the Council of State. is exactly what we have been doing, in a The ICCL is very fortunate that, through When the State reneged on its obligations I am very pleased to be able to report to climate in which many other voices have a combination of ongoing funding from under the International Covenant on you that, in the short to medium term, been silenced – or muted – by Government private trusts and foundations, and the Civil and Political Rights, the ICCL shone the ICCL’s capacity to carry out its work is cuts and by well-founded fears of worse unstinting support of our members and an international spotlight on Ireland’s secure. The Irish Council for Civil Liber- to come. individual donors, it has been able to performance. Nor did the ICCL mince its ties has proven its worth as an indepen- sustain and expand its work during this words when the Civil Partnership Bill fell dent watchdog and won a place as part Deep cuts to the budgets of the statutory very difficult period. short of offering full equality to all families. of Ireland’s human rights infrastructure. agencies charged with the protection However, there is absolutely no room for of human rights continued to have a More than ever, Ireland needs a genuinely Speaking out for human rights also has complacency about the prospects for the debilitating effect on their capacity to carry independent human rights watchdog that a positive dimension and, with a little years to come. One of our major funders, out their functions, and the Government neither seeks nor accepts Government creativity and the support of our friends, the Atlantic Philanthropies, is a life-limited lost no opportunity to inflict further harm funding. even a small organisation like the ICCL can foundation that will cease to exist within a on those sections of the community and make a big difference. Our human rights decade. It is critical that the ICCL diversify voluntary sector which are dependent film awards brought rights-based messages its funding base, and your support as a upon its funding. to a very wide audience (and produced member, supporter or donor will be indis- an outstanding winner); every secondary pensable if we are to secure a sustainable school in the country received a copy of future for our work. our teaching pack on internet privacy; a practical training course equipped Mark Kelly, Director Mark Kelly

ICCL Annual Report 2009 5 Our People

Executive Board

Natalie McDonnell (Co-Chair – Policy) Malachy Murphy (Co-Chair – Operations) Mark Keating

The ICCL is governed by an Executive Board drawn from academia, business and the law.

John Kennedy Mary McIvor Aogán Mulcahy

Conor Power Jean Tansey Michael Finucane

In 2009, Michael Finucane stepped down from the Board after twelve years of service. The ICCL would like to extend its sincere gratitude to Michael for the expertise he has brought to the organisation during his time on the Board, and looks forward to working with him on future projects.

6 ICCL Annual Report 2009

Staff

The ICCL now has a professional staff of In February 2009, the ICCL appointed iccl staff: nine people working across three teams: Lorraine Curran as Information Officer. Back (L–R): research and policy; campaigns and In August 2009 the ICCL, in conjunction Tanya Ward, Walter Jayawardene, Suzanne communications; and organisational with the UCD School of Social Justice was Handley, Joanne Garvey, Mark Kelly. development. appointed as the EU Fundamental Rights Front (L–R): Agency’s RAXEN National Focal Point on Deirdre Duffy, Lorraine Curran, racism, xenophobia, Islamophobia and Karen Ciesielski. anti-Semitism. Karla Charles served as the ICCL’s RAXEN researcher from August to December 2009, and Stephen O’Hare assumed this role in early 2010.

Karla Charles Stephen O’Hare

ICCL Annual Report 2009 7 Independent evaluation of the ICCL, 2009 Where the ICCL has been at its most effective has been in...using its capacity for expert analysis and comment to make the arguments in a way that the powerful understand and are unable to dismiss. Its work has tempered the excesses of a state which does not often think first about its international human rights treaty obligations and sometimes doesn’t think about them at all.

Fostering a Human Rights Culture

8 ICCL Annual Report 2009 Fostering a Human Rights Culture The ICCL’s role is to act as a watchdog and to ensure that human rights standards are mainstreamed into law, policy and practice in Ireland.

Facing Up to Challenges under the International Covenant on Civil and Political Rights (ICCPR)

April 2009 saw the ICCL, FLAC (Free In 2008 the ICCL, FLAC and the IPRT In April 2009, the ICCL, IPRT and FLAC Michael O’Flaherty described it as Legal Advice Centres) and the Irish Penal issued a Shadow Report in response to the came together once more to ensure that ‘scandalous’ that the Government had made Reform Trust (IPRT) join forces to follow Third Periodic Report of Ireland under the the ICCPR process did not end with the deep cuts to the budgets of bodies including up on their 2008 Shadow Report to the ICCPR. The Report was launched before successful work carried out in 2008. the Irish Human Rights Commission (IHRC) Third Periodic Report of Ireland under the UN Human Rights Committee (HRC) and the Equality Authority, only weeks the International Covenant on Civil and on 14 July 2008, and received praise as an The three organisations organised a after his UN colleagues recommended Political Rights. example of good practice in Shadow Report conference, Implementing Human Rights in that their resources be increased and their writing and NGO coalition building. a Time of Change: Facing Up to Challenges independence strengthened. He also stated under the International Covenant on Civil that it “beggars belief that the Government The Human Rights Committee’s and Political Rights (ICCPR), which took has failed to designate human rights Concluding Observations on Ireland, place on 6 April 2009. Judge Elizabeth protection and promotion as a charitable published on 24 July 2008, mirrored the Palm, formerly of the European Court purpose in the Charities Act (2009)”. concerns outlined by the Shadow Report, of Human Rights and Professor Michael and highlighted gaps in the protection O’Flaherty of the UN Human Rights In 2010, the ICCL will draw upon the of vulnerable people. These included the Committee addressed the conference. Concluding Observations of the Human continued imposition of imprisonment for Rights Committee in the context of its work failure to pay civil debts; unhygienic and to prepare for Ireland’s review by the UN overcrowded conditions in Irish prisons Human Rights Council under the Universal and the absence of appropriate safeguards Periodic Review (UPR) mechanism. to prevent Irish airports being used for extraordinary rendition. Left to right: Eamonn Mac Aodha, Chief Executive Officer of the Irish Human Rights Commission; Prof. Michael O’Flaherty of the UN Human Rights Committee; Judge Elizabeth Palm, formerly of the European Court of Human Rights; Michael Farrell, Senior Solicitor at FLAC; Dr. Maurice Hayes and Tanya Ward, Deputy Director of the ICCL

Delegates at the conference Michael O’Flaherty www.rightsmonitor.org: our dedicated shadow reporting website

ICCL Annual Report 2009 9

Think Before You Click – Empowering Young People to Become Effective, Safe and Autonomous Users of the Internet

In October 2009, the ICCL, in coopera- The first resource of its kind developed for The ultimate aim of Think Before You Click Think Before You Click is also available tion with the National Centre for use on the Junior Certificate CSPE curricu- is to empower young people to become for teachers and students to download in Technology in Education (NCTE) and the lum, Think Before You Click explores issues effective, safe and autonomous users of whole or in part at www.thinkb4uclick.ie/ Curriculum Development Unit’s Second of online privacy and safety for young the internet. www.tb4uc.ie. Level Support Service (SLSS), launched people. Recognizing the advantages that ‘Think Before You Click’, a new teaching the internet bestows on young people, and The resource was distributed to second- resource on online safety and privacy its central importance in their daily lives, level schools nationwide in October 2009, for teachers of Civic, Social and Political Think Before You Click strikes a balance and has been rolled out as part of the Education (CSPE) in second-level schools between empowerment and protection. Curriculum Development Unit’s in-service nationwide. While highlighting the benefits of new training courses, where teacher feedback media for education, creativity and social on the resource has been positive. interaction, it also demonstrates the need to use this technology in a responsible and wise manner.

Niall Dennehy, Brontë Fitzmaurice, Megan Hanlon & Cormac Teevan of the Safer Internet Ireland Youth Advisory Panel, attending the launch of ‘Think Before You Click’ at the Office of the Children’s Ombudsman

www.tb4uc.ie Sample class worksheet Brontë and Megan at the launch of the resource

10 ICCL Annual Report 2009 Promoting Justice

Independent evaluation of the ICCL, 2009 There was universal regard for the capacity in the ICCL around criminal justice issues and a very strong sense that if the ICCL took a position on something, it was firmly underpinned by reason, research and knowledge.

Promoting Justice

ICCL Annual Report 2009 11 Promoting Justice The ICCL aims to promote a justice system that is humane, effective, rigorous and fair, and respects the human rights of all participants.

Flawed Law and False Promises: The Criminal Justice (Amendment) Act

In late June 2009, the Minister for Justice, The Act, which the Minister claimed was On 3 July 2009, the ICCL and the Irish Indeed, any attempt to invoke some of Equality and Law Reform, Dermot Ahern a response to the tragic killing of Limerick Criminal Bar Association hosted a press its more contentious provisions, such TD, rushed the Criminal Justice (Amend- man Roy Collins, allows for secret detention conference to voice their strong opposition as secret detention hearings, or the use ment) Act 2009 through the Oireachtas. hearings, detention on the word of a single to the Bill. The ICCL also presented a con- of uncorroborated Garda evidence to The ICCL staunchly opposed this flawed low-ranking Guard, and the expanded use structive alternative in its paper, Combating establish facts central to a prosecution, is and unnecessary legislation. of the non-jury Special Criminal Court. Organised Crime and Respecting the Rule of bound to provoke further legal challenges Law: Human Rights-Based Alternatives to to its constitutionality. The ICCL was at the forefront of criticism the Criminal Justice (Amendment) Bill. of the Bill’s hasty passage through Once again, the families of victims of crime the Houses of the Oireachtas, which Given that certain provisions of the Act (for have been misled by a senior politician into the Director branded “an abuse of example, secret detention hearings) are believing that there is a straightforward the Dáil, apparently designed to deny almost certainly unconstitutional, it came legislative solution to problems that parliamentarians the opportunity to as no surprise that the President decided to continue to blight their lives. properly consider the implications of this convene a meeting of the Council of State so-called Anti-Gangland law.” before finally signing it into law on 23 July In 2010, the ICCL intends to closely follow 2009. Though the ICCL respectfully notes developments regarding this act, and to The ICCL argued that the Act undermines that the President chose not to refer this highlight the Government’s continuing long-established procedural safeguards legislation to the Supreme Court, it is clear failure to implement meaningful protections and does nothing to tackle the genuine that the Act remains riddled with legal pit- for the victims of crime in Ireland. and legitimate concerns of the victims of falls, and that it will do nothing to improve organised crime. life for the victims of gangland crime.

Solicitor Michael Finucane, ICCL Director Mark Kelly, and Chair of the Criminal Bar Association Sean Gillane addressing the press conference in opposition to the legislation on 3 July 2009

Press coverage on the Criminal Justice (Amendment) Bill 2009

12 ICCL Annual Report 2009

The ICCL’s case: What’s wrong with the • The expansion of the role of the non-jury • The Act fails to address the problem of Criminal Justice (Amendment) Act 2009? Special Criminal Court comes despite a witness intimidation – witnesses are decade of calls by the UN Human Rights required in the non-jury Special Criminal Committee for Ireland to put an end to Court just as in the conventional courts. the jurisdiction of this emergency court, the most recent during Ireland’s exami- • The Act ignores internationally- nation under the International Covenant recognised strategies for combating on Civil and Political Rights (ICCPR) organised crime while respecting human in summer 2008. The Act asserts that rights. These include the resourcing of the conventional courts are inadequate effective intelligence-based policing, ‘Combating Organised Crime and Respecting the Rule of Law: to deal with the problem of organised and community-based policing. Human Rights Based Alternatives the Criminal Justice Amendment Bill’ published July 2009. crime, although no evidence has been produced to back up this claim. The expansion of the Special Criminal Court flies in the face of international standards for the administration of justice.

• Provisions for secret detention hearings and detention on the word of a single low-ranking Guard have no place in a mature democracy.

Mark Kelly discussing the proposed Bill on TV3’s Ireland AM Council of State Meeting to discuss the Criminal Justice (Amendment) Bill 2009

ICCL Annual Report 2009 13 Protecting Children, Respecting the Rule of Law

ICCL Expertise helps Shape Joint On 6 May 2009, the Joint Committee on the To coincide with the release of the Organised by the ICCL in association Committee’s position on Constitutional Constitutional Amendment on Children Committee’s Interim Report, on 7 May 2009 with the Irish Criminal Bar Association, Amendment. released its Second Interim Report, in the ICCL published a follow-up paper by the briefing also featured contributions which it reached the conclusion that a Roisín Webb BL entitled Protecting Children, from Patrick Gageby, SC, one of Ireland’s referendum on strict and absolute liability Respecting the Rule of Law. This “options leading criminal justice practitioners, and in cases of offences committed against paper” aims to assist members of the Tom O’Malley, BL, Senior Lecturer at the children less than 18 years of age was not Oireachtas with the delicate task of drawing National University of Ireland. necessary, and that legislative measures up the necessary amending legislation, were more appropriate. outlining five ways in which pressing child In early 2010 the Joint Committee protection concerns can be addressed completed the final phase of its work, The ICCL welcomed this acknowledgement without undermining the constitutional producing a draft constitutional that it is possible to protect children from rights of persons accused of crimes. amendment to enshrine express rights exploitation in a more robust manner than for children in the Constitution. The ICCL under the current law, without trampling On 16 June 2009, Roisín Webb presented welcomes this development, and will upon fundamental principles of justice the paper on behalf of the ICCL at a high- work with its partners in calling for the and fairness. The Joint Committee’s report level Oireachtas briefing chaired by Government to hold a referendum at the cites the ICCL’s submission of January Mary O’Rourke TD, Chair of the Joint Com- earliest opportunity. 2008 on the subject, which highlighted mittee on the Constitutional Amendment the view that the imposition of absolute or on Children. strict liability would be capable of causing injustice through “criminalising and jailing the morally innocent”.

Mary O’Rourke TD, Chair of the Joint Committee on the Constitutional Amendment on Children

‘Protecting Children and Respecting the Rule of Law’ published May 2009.

14 ICCL Annual Report 2009 Independent evaluation of the ICCL, 2009 Generally, the work that the ICCL has undertaken has been excellent, with high quality publications and events, targeted at the right people. Its work demonstrates an impressive grasp of the legislative and policy environment in which it operates.

Securing Equality

ICCL Annual Report 2009 15 Securing Equality The ICCL aims to secure equality for all, especially vulnerable and marginalised groups.

Promoting Access to Equality

Anti-discrimination law is an essential Through a series of practical seminars, the Gerard Scully Joan Ryan instrument for tackling inequalities faced course aimed to impart a working knowl- senior information officer with family support officer, aspire, by members of marginalised groups. The edge of the Equal Status Acts 2000-2008, age action the asperger syndrome association ICCL and the Equality Studies Centre including the forms of conduct tackled by of ireland at the UCD School of Social Justice the legislation, case law and how claims “As senior Information Officer with Age came together in October-December are processed and read. The course also Action I found much of the content of the “The subject matter of the Access to 2009 to deliver a training course on the involved a critical assessment of Irish anti- Access to Equality course resonated with Equality course was interesting, the Equal Status Acts to a range of advice- discrimination law, looking at its potential me and my work. [...] Lively discussions presenters were enthusiastic and givers, community workers and NGO and its limits in delivering social justice for and exchanges of information and engaging, the assignments were thought representatives who work in the area of oppressed people. insights about the equality agenda and provoking and the format meant there was human rights and social justice. environment characterised the interaction time to assimilate the ideas and engage The course was a valuable opportunity for between the participants on the course.” with reading the materials. It was also the ICCL and the Equality Studies Centre to beneficial to learn of the interests of other share their technical expertise on equality Siobhan Brazil participants on the course working in with service providers, while also gaining manager, customer service centre, different sectors.” a first-hand account of equality issues dublin city council facing them. “What I particularly liked about the course Funding for the course was kindly provided was the good mix of backgrounds of by the Atlantic Philanthropies, AW.60 the participants. [...] It has definitely Charitable Trust (UK), and the Community broadened my horizons and understanding Foundation for Ireland. of the issues involved, and how I can have a positive input into change.”

Participants in the 2009 Access to Equality course Access to Equality: ATraining Course on the Equal Status Acts

16 ICCL Annual Report 2009

Tackling Racism and Xenophobia in Ireland

In August 2009 an ICCL/ UCD consortium The ICCL’s first ‘RAXEN’ research output • the Equality Bodies’ work on complaints 2010 will see the expansion of our work was appointed as the EU Fundamental in 2009 was a ‘Rapid Response Report’ on data on racial or ethnic discrimination as a National Focal Point, including the Rights Agency’s ‘National Focal Point’ on the human rights issues and debates in the and any important case law on racial or production of two major research reports: racism, xenophobia, Islamophobia and print media during the 2009 EU Parliamen- ethnic discrimination; Racist and Related Hate Crimes in the EU anti-Semitism (RAXEN) in Ireland. tary election and the Lisbon referendum. and The Asylum Seekers Perspective: Access • statistical data on racist and related to Information and to Effective Remedies. ‘RAXEN’ National Focal Points are the Two quarterly bulletin reports were also crime; Fundamental Rights Agency (FRA)’s submitted, which covered some of the recognised national coordinators, main developments in a policy, legal, • employment, housing and health care, contracted to manage an information research and awareness-raising context in including data, incidents, research network including government Ireland in the area of racism, xenophobia findings and good practice; departments, research bodies, statutory and discrimination. human rights and equality bodies, NGOs • education, including data, exemplary and social partners. Based on information The ICCL also completed its first cases of discrimination, restrictions of gathered through this network, and in Complementary Data Collection report access to education and good practice; partnership with the Immigrant Council which provided the information for the of Ireland and an expert panel from the relevant sections of the Fundamental • the participation of minorities in public UCD School of Social Justice, the ICCL is Rights Agency’s 2010 Annual Report. This life. This covers respecting the right charged with providing regular reports Complementary Data Collection consisted to identity and promoting mutual to the FRA on racism and related forms of of a range of secondary research on areas understanding, promoting the public intolerance in Ireland. including: use of language spoken by minorities, and effective participation of persons belonging to minorities in public life, as well as any good practices. www.fra.europa.eu: the Fundamental Rights Agency’s website

ICCL Annual Report 2009 17 Independent evaluation of the ICCL, 2009 There is no doubt that the materials, submissions and other documents produced by the ICCL are elements of a highly sophisticated and subtle strategy which broadened the constituency around human rights.

Education & Outreach

18 ICCL Annual Report 2009 Education & Outreach Securing protection for disadvantaged and vulnerable groups by increasing human rights awareness.

The ICCL Human Rights Film Awards

In 2009, the ICCL provided a new creative Launched at the end of 2008, the Awards My Identity documents the life of Lee, a The ICCL Human Rights Film Awards space to raise human rights awareness culminated in a Gala screening in the Light transgender Irish person, and his daughter remain Ireland’s only human rights short with its inaugural Human Rights Film House Cinema on 11 June 2009 where the Siobhan. Lee’s story is a tribute to the film competition, and a unique opportunity Awards. six shortlisted films, picked from over 40 ongoing battle facing transgender people for the ICCL to engage with creative people entries, were played to a full house. The and their families for recognition of their to further human rights awareness. The shortlisted films covered a range of topics basic human rights. Lee and Siobhan’s story 2010 Awards were launched at the Cork and genres, demonstrating the power of film is a poignant portrait of a loving family, Film Festival on 7 November 2009, and can in casting a spotlight on pressing human and an insight into the discrimination again boast the support of a star-studded rights issues at home and abroad. experienced by transgendered persons and Jury, including Rebecca Miller, Kirsten their loved ones. Sheridan, Victoria Smurfit, and recently Jury members, including acclaimed film- Oscar-nominated director Tomm Moore. The makers Rebecca Miller, Jim Sheridan and On awarding the prize Kirsten Sheridan said: ICCL is expecting a similar level of quality Kirsten Sheridan were in attendance and, “I challenge anyone to watch the winning entries in 2010, cementing the Awards as a following the screening, announced the film and retain a shred of prejudice against permanent fixture in the Irish film calendar winning film, Vittoria Colonna’s My Identity. transgendered people. Vittoria Colonna’s for years to come. moving film amply demonstrates the value of the medium in conveying human rights messages in a direct and compelling way”.

The Awards Jury on the red carpet. From left to right: Senator David Norris, James Morris, Rebecca Miller, Kirsten Sheridan, John Kelleher and Jim Sheridan

Aoibheann O’Sullivan receives her award Lee Stella on TV3 Vittoria Colonna, Barry O’Donoghue and Frank Ilfman

ICCL Annual Report 2009 19

other films on the 2009 shortlist: disguise their military function. Many of pirogues [2009 second place runner up] team spirit these have been directly implicated in the Entrant: Barry O’Donoghue (Producer) Entrant: Siobhan Twomey (Writer, Director) children of manila practice of ‘extraordinary rendition’. On the Entrant: Genny Carraro (Producer) 6th anniversary of the US invasion of Iraq An innovative short directed and animated This charming short children’s animation filmmaker Aoibheann O’Sullivan travelled by Alice Bohl, Pirogues deals with how two forms part of a series of films developed The Philippines are home to an estimated to Shannon Airport to meet up with the couples’ lives are affected by borders. The for FOMACS (the Forum on Migration and 1.5 million street children, many of whom Shannonwatch military planespotters, who first couple, a young African man and a Communications). Sadiq, like so many survive by begging and street hawking. have been central to a coordinated effort French girl, seems to be leading an idyllic refugees in Ireland, grapples with the Children of Manila, directed by Alessandro to uncover the use of Shannon as a staging life in Paris. Meanwhile, an older African fact that he must wait two years for his Molatore, looks beyond the statistics to area for illegal acts of kidnap and torture. man selling goods on the streets of Paris family’s visas to be processed, while his look at the stories of three such children, The result: 8 Things to Remember if you feels the pain of separation from his wife in Grandmother has to remain in Darfur as she their families and the challenges they face, want to be a Shannonwatch planespotter! Africa. Soon, however, the men’s common does not qualify under Irish law as a family depicting both the hardship of life on the status as sans papiers sees their lives inter- member. All this while also being the star streets and the simple hope that shelter and a life inside the frame sect with painful and bittersweet results. player in a football game against his team’s an education with the Children’s Relief Fund Entrant: Daniel Bevan brutal arch rivals, the Bashers! (CRF) can provide. (Co-writer, Co-director) ‘A great selection of films. Clear and 8 things to remember A Life Inside the Frame is a fictional distinct voices and considerable skill in [2009 third place runner up] documentation of the limitations placed concept and execution.’ — John Maguire, Entrant: Aoibheann O’Sullivan (Director) on all human beings with regard to their Film Reviewer and Awards Panel member. freedom of expression, opinion and the Since early 2003, over a million US troops right to receive and impart ideas. The The films can be viewed at: have passed through Shannon Airport film’s protagonist represents the outsider www.humanrightsfilmawards.org on their way to active service in Iraq in a society constricted by what is seen You can also join us on facebook. and Afghanistan. The Shannonwatch as the norm, a citizen whose hopes and planespotters have been there from the aspirations have been smothered by the Still from ‘My Identity’ Still from ‘Pirogues’ beginning, documenting chartered troop limitations imposed on him by society. carriers landing at Shannon. While some This stop-motion animated short offers a planes have been clearly marked as US metaphor for the protagonist’s wish for military aircraft, countless are unmarked freedom of expression and opinion: colour, charter flights that have been leased, in an otherwise monochrome world. re-leased and leased again in attempts to

20 ICCL Annual Report 2009 LOVEACTION at Electric Picnic 2009

In the summer of 2009 the ICCL pooled its The LOVEACTION marquee was a hive of ICCL and the rest of the collective intend LOVEACTION Calls on the Government to resources with six LGBT organisations to activity, attracting large crowds throughout to continue to collaborate under the Change the Law: engage in outreach on LGBT rights and a wet and windy festival weekend. Artist LOVEACTION umbrella in 2010 both online, equality for all families. Will St Ledger prepared a giant canvas and through further outreach events. • Deliver equality to same-sex couples by and hundreds of bottles of spray paint opening up civil marriage. In September 2009 the ICCL made its third were provided for picnickers to create a THE LOVEACTION MANIFESTO: visit to the Electric Picnic music festival in collective LOVEACTION canvas. Meanwhile Today in Ireland: • Hold a referendum to change the Consti- Stradbally, Co Laois, this time as part of the in the marquee, body painters emblazoned tution’s restrictive definition of a family newly-formed LOVEACTION collective – a festival-goers with the LOVEACTION logo • Same sex couples are not treated or so all loving families are recognised and group of organisations promoting equality while cool sounds from our resident DJs valued equally under Irish law, and protected in law. for same sex relationships, diverse families, refreshed the soul. continue to be denied access to civil and lesbian, gay, bisexual and transgender marriage. • Recognise the right of LGBT young young people. LOVEACTION got its message out loud and people to form and develop healthy clear to picnickers, with well over 4,000 • Lesbian and gay couples are bringing and happy relationships in their teenage Bringing together the ICCL, BeLonG To, – almost twenty per cent of the festival up families in Ireland today, but these years on the same basis as their straight Gay Community News, Gay and Lesbian attendance – signing up in support of the families go unrecognised in Irish law counterparts. Equality Network (GLEN), MarriagEquality, LOVEACTION manifesto. and their children are less protected. the National Lesbian and Gay Federation You can find LOVEACTION on facebook (NLGF), and LGBT Noise, LOVEACTION The ICCL is very proud of its involvement • Young LGBT people have their relation- or watch videos of LOVEACTION at the called on picnic-goers to voice their in LOVEACTION. In the current climate, it ships broken up and disrupted by parents Electric Picnic on youtube. support for equality through signing the is particularly important that groups with and teachers due to a false belief that LOVEACTION manifesto. similar aims and principles work together they should not declare their sexuality to raise awareness and effect change. The until they are 18.

Conor Wilson of GCN, one of LOVEACTION’s resident DJs LOVEACTION volunteers modelling the campaign t-shirts and facepaints The LOVEACTION collective Young and old getting involved in spraypainting at the Electric Picnic

ICCL Annual Report 2009 21 Publications & Events

ICCL Publications 2009

JANUARY: FEBRUARY: MARCH: APRIL:

• ICCL Fundraising leaflet: “We’re standing • ‘ICCL reacts to new appointment to • ‘ICCL to Bring Human Rights to Silver • ‘UN Expert Decries “Scandal” of Cuts up for human rights” GSOC’, Press release, 4 February 2009 Screen’, Press release, 13 March 2009 to Equality and Rights’, Press release, 6 April 2009 • The General Scheme of the Civil Partner- • Kelly, M. ‘Policing the Garda’, Irish Times, • ‘Top UN Experts to Highlight Threats ship Bill: Legal Consequences and Human 12 February 2009, p15 to Rights in post-Tiger Ireland’, ICCL, • ‘Intelligence-led policing is the way to Rights Implications (ICCL Seminar Series, FLAC and IPRT Joint Press release, tackle gangland crime says the ICCL’, Volume 1, January 2009) • ‘Open Recruitment could end Public 31 March 2009 Press release, 17 April 2009 Appointment Row Says ICCL’, Press • Duffy, D. “ ‘Balance’ in the Criminal release, 13 February 2009 • ICCL Rights News 9, ‘Springtime for Civil Justice System: Misrepresenting the Partnership?’, Spring 2009 Relationship between the Rights of • ‘Civil Partnership Law is “Litmus Test” of Victims and Defendants” (2009) 19 (1) Government’s Commitment to Equality, Say Irish Criminal Law Journal Experts’, Press release, 11 February 2009

• ‘ICCL reacts to new appointment to GSOC’, Press release, 4 February 2009

Tony Bunyan of Statewatch addressing the ICCL’s 2009 AGM Kirsten & Jim Sheridan

ICCL Rights News 9, ‘Springtime for Civil Partnership’, Spring 2009

22 ICCL Annual Report 2009 MAY: JUNE: JULY:

• Webb, R. (BL), Protecting Children and • ICCL Annual Report 2008 – ‘Standing up • ‘Access to Equality’ Training Brochure • Kelly, M. ‘Please supply evidence to back Respecting the Rule of Law, Options for Human Rights’ your case Minister’, Irish Times, 10 July Paper, May 2009 • Combating Organised Crime and 2009, p14 • ICCL Rights News 10, ‘Rebecca Miller Respecting the Rule of Law: Human • ‘Legislators Can Protect Children and Opens ICCL’s Human Rights Film Rights Based Alternatives to the Criminal • ‘ICCL Will “Carefully Study” New Data Respect the Rule of Law says the ICCL’, Awards’, Summer 2009 Justice (Amendment) Bill 2009, ICCL Bill’, Press release, 13 July 2009 Press release, 7 May 2009 Submission on the Criminal Justice • ‘Anger at Agency’s Policy to Stifle (Amendment) Bill 2009 • ‘Gangland Act still “riddled with legal • ‘Government Must Not Surrender Fair Political Debate’, ICCL/ Integrating pitfalls”, says ICCL’, Press release, Trial Rights to Criminal Gangs says the Ireland Joint Press release, 4 June 2009 • Joint Letter to the Committee for the 23 July 2009 ICCL’, Press release, 13 May 2009 Prevention of Torture by the ICCL, • ‘Rebecca Miller Opens Human Rights Irish Penal Reform Trust and Amnesty • ‘Ahern’s crime plans are deeply Film Gala’, Press release, 11 June 2009 International AUGUST: misguided says the ICCL’, Press release, 20 May 2009 • ‘Child Protection Changes Needed Now, • ‘Minister’s Crime Bill Antics Abuse the Dáil • Joint ICCL, FLAC and IPRT Follow-Up says ICCL’, Press release, 16 June 2009 says the ICCL’, Press release, 3 July 2009 ICCPR Submission on Ireland, subsequent • ‘Ahern’s Crime Bill Sells Victims Short, to rule 71, paragraph 5 of the UN Human says ICCL’, Press release, 25 May 2009 • Is a Surveillance Society the Shape • Kelly, M. ‘A cruel disservice to victims Rights Committee’s rules of procedure of Things to Come?’, Press release, of gang crime’, print debate with • ‘Lights, Camera, Action: Top Film Figures 18 June 2009 Dermot Ahern, T.D., Irish Examiner, Pick Winning Rights Films’, Press 2 July 2009, p19 release, 29 May 2009 • ‘Minister Flagrantly Disregarding Human Rights Obligations, says ICCL’, Press • ‘Right to Life of Victims Ignored in Bogus release, 25 June 2009 Gangland Bill, says the ICCL, Press release, 7 July 2009’ • ‘Civil Partnership Bill a “Halfway House” Says ICCL’, Press release, 26 June 2009 • Finucane, M. ‘Dermot Ahern is pulling a fast one and gangsters will still get away • ‘Ahern’s New Bill Tramples on the Rule of with murder’, Irish Daily Mail, 9 July Law says ICCL’, Press release, 30 June 2009 2009, p14

ICCL Annual Report 2009 23 ICCL Publications 2009

SEPTEMBER: OCTOBER: NOVEMBER: DECEMBER:

• ‘LOVE ACTION ‘comes out’ for equality at • Think Before You Click, CSPE teaching • ICCL Rights News 11, ‘LOVEACTION’, • ICCL Rights News 12, ‘Know Your Rights’, the Electric Picnic’, LOVEACTION Joint resource jointly published by the ICCL Autumn 2009 Winter 2009–2010 Press release, 1 September 2009 and the National Centre for Technology in Education (NCTE) • ‘Kirsten Sheridan calls on New Film • ‘Civil Partnership Bill “a significant step • ‘EU Appoints ICCL and UCD School Talent to Tackle Irish Human Rights in the right direction” says ICCL’, Press of Social Justice to Monitor Racism in • ‘Students Urged to Think Before You Issues’, Press release, 6 November 2009 release, 3 December 2009 Ireland’, Press release, 15 September 2009 Click’, ICCL/NCTE Joint Press release, 30 October 2009 • Judge’s Death Penalty Remarks “Deeply • ‘New courts complex offers a better • ‘ICCL Deplores “Lack of Political Courage” Misguided and Frivolous”, says ICCL’, deal for crime victims says ICCL’, Press of Minister for Children’, Press release, • Preliminary Submission to the Joint Com- Press release, 16 November 2009 release, 7 December 2009 24 September 2009 mittee on Justice, Equality, Defence and Women’s Rights on Home Defence and • ICCL Submission to the Oireachtas Joint • ‘Murder Trials for Householders Will Not • ‘Human Rights Film Kicks Off Culture the Right to Life, 31 October 2009 Committee on Justice, Equality, Defence Clarify Home Defence Law says ICCL’, Night’, Press release, 25 September 2009 and Women’s Rights on Home Defence, Press release, 14 December 2009 • ‘RAXEN Rapid Response’, 23 October 2009 30 November 2009 • ‘Law Reform Commission Suggestions • ‘RAXEN’ Bulletin, 30 October 2009 • ICCL Submission on the Communications on Lethal Force “Lack Credibility” (Retention of Data) Bill, 30 November 2009 says Rights Watchdog’, Press release, 14 December 2009 • ‘RAXEN’ Bulletin, 30 November 2009 • ‘RAXEN’ Complimentary Data Collection Report (CDC), 21 December 2009

ICCL Rights News 11, ‘LOVEACTION’, Autumn 2009

24 ICCL Annual Report 2009 ICCL Events, Speeches and Presentations 2009 ICCL External Representation

• ICCL Briefing to the Oireachtas on the • ICCL Annual General Meeting, with • Launch of the Think Before You Click teach- • Department of Foreign Affairs NGO Scheme of the Civil Partnership Bill, special guest speaker Tony Bunyan, 20 ing resource, Office of the Ombudsman for Human Rights Standing Committee Oireachtas AV Room, 11 February 2009 June 2009, Law Society, Dublin 7 Children, 30 October 2009 • Equality Authority Community and • ICCL Lecture to students at IT Sligo on the • Human Rights Film Awards Gala • Access to Equality: A Training Course on Voluntary Group and Equality Authority European Convention on Human Rights, Screening, Lighthouse Cinema, the Equal Status Acts, October–December Stereotyping Working Group 25 February 2009 Smithfield, Dublin 7, 11 June 2009 2009, University College Dublin • Equality and Rights Alliance • Implementing Human Rights in a Time of • Protecting Children and Respecting the • Screening and Launch of the 2010 ICCL Change: Facing Up to Challenges under Rule of Law, ICCL Briefing to the Oireach- Human Rights Film Awards at the • FLAC Public Interest Law Alliance the International Covenant on Civil and tas, Oireachtas AV Room, 16 June 2009 Cork Film Festival, The Bodega, Cork, Political Rights (ICCPR), Joint ICCL/FLAC/ 7 November 2009 • Garda Strategic Human Rights Advisory IPRT follow-up event, Radisson Hotel, • ICCL press conference on Criminal Justice Committee Dublin, 6 April 2009 (Amendment) Bill, Buswell’s Hotel, • Second Annual ICCL evening event for Dublin 2, 3 July 2009 the legal community, 26 November 2009 • International Civil Liberties Network • ICCL attendance at the Garda Human Rights Fair, Garda College, Templemore, • LOVE ACTION at the Electric Picnic, • ICCL talk to participants on Focus • International Federation for Human 21 April, 2009 Stradbally, Co Laois. 4-6 September 2009 Ireland ‘Stepping Down’ Programme, Rights (FIDH) 27 November 2009 • A Better Deal: A Seminar on the Rights of • ICCL presentation on victims’ rights to • Women’s Human Rights Alliance in Crime Victims under EU Law, European ‘Facing Forward’ (restorative justice • ICCL lecture to students on Diploma in relation to the preparation of a Shadow Parliament Offices, Molesworth Street, organisation), 24 September 2009 Conflict and Dispute Resolution courts, Report on the right to health under the Dublin 2, 28 May 2009 Trinity College School of Ecumenics, International Covenant on Economic, 8 December 2009 Social and Cultural Rights from a gender perspective Walter Jayawardene & Karoline Carty at the Garda Human Rights Fair Natalie McDonnell, Malachy Murphy & Conor Power at the 2009 AGM • Launch of new ICCL website, Human Rights Day, 10 December 2009 • EU Fundamental Rights Agency (FRA) Fundamental Rights Platform

ICCL Annual Report 2009 25 Fundraising Securing a Sustainable Future for the ICCL

Our funding comes from a range of trusts During 2009, the ICCL achieved a number event for legal practitioners, an evening of that we need to work today to ensure that and foundations, as well as a dedicated of successes in terms of expanding its networking with colleagues, socialising the ICCL will always be a voice to protect community of members, supporters and supporter community and securing funds and, crucially, raising funds to support our and promote human rights in Ireland. We friends. The ICCL is working to build to support the organisation’s work, against work through a raffle and auction. are working to do just that by developing on this support and to ensure that the the backdrop of a particularly challenging our internal structures regarding gov- organisation will remain a part of the economic year. Funding was also secured for the Know ernance, risk management and internal human rights landscape in Ireland. Your Rights project, one of our flagship controls, while planning and acting to The ICCL was successful with its tender to projects for 2010, and we are most grateful effectively meet our present and future the Fundamental Rights Agency in Vienna to Garrett Sheehan & Partners Solicitors for funding needs. and, after a competitive bid process, was their support of this initiative. selected as the National Focal Point on Our members, donors and friends are racism, xenophobia, Islamophobia and In addition, the ICCL worked with the crucial to developing a sustainable future anti-Semitism (RAXEN) in Ireland. We National Centre for Technology in Educa- for the ICCL, and we would like to thank launched the Human Rights Film Awards, tion to produce the Think Before You Click you. The ICCL is particularly grateful to the which attracted support from the arts, project, an educational resource aimed at Atlantic Philanthropies for their continued film and media communities. We would providing information for safe use of the support and for their unwavering also like to acknowledge with gratitude Internet by young people. commitment to developing a vibrant and our individual and corporate donors, as lasting human rights culture in Ireland. well as our Jury and Panel members and We know that the fight to protect human dedicated volunteers, who made the Film rights is one that remains a fact of life, Awards project possible. Later in the year, as governments and laws change and, the ICCL held its second annual special indeed, as society changes. We also know

Martha Simons, Giollaiosa O Lideadha SC & Libby Charlton at our 2009 special event for legal practitioners

Peter Mullan of Garret Sheehan and Partners Solicitors Mark Kelly (ICCL) & Jerome Morrissey (NCTE) launch TB4UC Jim Sheridan presenting the Human Rights Film Awards Grand Prize 2009

26 ICCL Annual Report 2009 Throughout 2009, the ICCL has been working on a new flagship project for 2010: Know Your Rights.

Flagship Project for 2010

ICCL Annual Report 2009 27 Flagship Project for 2010 Know Your Rights

Throughout 2009, the ICCL has been working on a new flagship project for development and launch in 2010:Know Your Rights.

Know Your Rights is a public information In 2010, the ICCL will roll out the first The coming year will also see the ICCL project is designed to inform people in three Know Your Rights booklets, which bring Know Your Rights on tour with clear and accessible language about their will cover Criminal Justice and Garda a roadshow publicising the booklets rights under various key areas of the law Powers, Privacy and the European to libraries and information providers in Ireland. Convention on Human Rights (ECHR). nationwide. These booklets have been awarded the “Plain English” mark by the National Adult For more information about this new ICCL Literacy Agency (NALA) for their use of public information initiative, visit the clear and accessible language. The packs dedicated Know Your Rights website at will be updated on a regular basis as the www.knowyourrights.ie. law changes, providing up-to-date and accurate information. Each pack will also contain a glossary of key words as well as Above: Spread from the ‘Criminal Justice & Garda Powers’ booklet. signposts to other bodies and sources of Below: The 3 ‘Know Your Rights’ booklets. additional information.

Fintan Fanning, Assistant Commissioner of An Garda Síochána with Mark Kelly at the launch of the Know Your Rights: Criminal Justice and Garda Powers booklet in January 2010

www.knowyourrights.ie

28 ICCL Annual Report 2009 The ICCL consists of two organisations The ICCL Association is a membership Information is provided to all donors, – the ICCL Association and the ICCL organisation. The ICCL Association’s including individuals, trusts and found- Ltd., a company limited by guarantee. financial statements reflect all income ations, on a regular basis regarding All of our day-to-day activities are generated through membership fees and developments, activities and programmes to managed by ICCL Ltd., including additional donations made by members. ensure that the ICCL operates in a manner promotional and awareness raising that is transparent and accountable. The initiatives, research and policy activities, The ICCL receives income from individual ICCL complies with all legal and regulatory fundraising campaigns, staff costs members, supporters and a small number requirements, in line with best practice and general overhead expenditure. of foundations and trusts in order to for NGOs. carry out the work of the organisation. The ICCL expends its income on research, The ICCL financial statements for 2009 campaigning and promotional costs have been audited by Squires & Co. across the three main “pillars” of work Chartered Accountants & Registered (monitoring human rights, promoting Auditors, 4 Merrion Square, Dublin 2. justice, securing equality), governance and capacity-building of the organisation.

Our Finances

ICCL Annual Report 2009 29 Our Finances Irish Council For Civil Liberties Association

Income and expenditure account

2009 2008 € € income Grants — — Membership 8,777 7,920 Donations 45 100 Other income 0 176 8,822 8,196 Special funds 0 0 Total Income 8,822 8,196 expenditure on activities of strategic plan Capacity Building 11 23 Research and Policy Development 0 0 Campaigning and Communication 0 0 Lobbying and Advocacy 6,488 0 Networking 0 300 Fundraising 0 0 Total Expenditure 6,499 323

Surplus of Income over Expenditure 2,324 7,873

30 ICCL Annual Report 2009 Irish Council For Civil Liberties Association

Balance sheet (as at 31 December 2009)

2009 2009 2008 2008 € € € € fixed assets Current Assets Prepayments Bank and Cash 26,988 24,789 26,988 24,789 current liabilities Trade Creditors 0 (126) Accruals 0 0 (126) net assets 26,988 24,664

Cash carry forward 24,664 16,791 Surplus of income over expenditure 2,324 7,873 26,988 24,664

ICCL Annual Report 2009 31 Irish Council For Civil Liberties Limited

Income and expenditure account

2009 2008 € € income Total Income 824,763 773,533 expenditure Costs of campaigns, publications and awareness and fundraising activities (592,483) (560,964) Support Costs (Governance, administration and capacity building costs) (228,919) (216,458) Total Expenditure (821,402) (777,422)

Bank interest 0 1,582

Surplus / (Deficit) before taxation 3,361 (2,307) Tax on Surplus 0 0 Retained Surplus brought forward 17,960 20,267

Retained Surplus at the end of the year 21,321 17,960

The company had no recognised gains or losses in the financial period other than the surplus / (deficit) for the above two financial years. The above figures are taken from the ICCL Ltd. audited financial statements for the year end (31 December 2009).

32 ICCL Annual Report 2009 Irish Council For Civil Liberties Limited

Balance sheet (as at 31 December 2009)

2009 2009 2008 2008 € € € € fixed assets Computer Equipment 8,215 16,616 Furniture & Fixtures 6,958 8,980 15,173 25,596 current assets Debtors *50,179 6,510 Cash at bank and in hand 41,815 25,201 91,994 31,711

Creditors: amounts falling due within one year (85,846) (39,347) Net Current Assets / Liabilities 6,148 (7,636) Total assets less current liabilities 21,321 17,960 reserves Retained Surplus 21,321 17,960

The above figures are taken from the ICCL Ltd. audited financial statements for the year end (31 December 2009). *Increase due to RAXEN funds €41,701, due from the European Union Agency for Fundamental Rights, received in January 2010.

ICCL Annual Report 2009 33 Contact us

irish council for civil liberties 9 – 13 blackhall place, dublin 7, ireland. t: +353-1-799 4504 f: +353-1-799 4512 e: [email protected] www.iccl.ie

34 ICCL Annual Report 2009 Council of State Meeting to discuss the Criminal Justice (Amendment) Bill 2009 9 – 13 blackhall place, dublin 7, ireland. t: +353-1-799 4504 f: +353-1-799 4512 e: [email protected] www.iccl.ie ISBN: 978-0-9544557-7-4