Irish Council for Civil Liberties Annual Report

Human Rights in Action Contents

Message from the Co-Chairs 02

Executive Director’s Foreword 04

Our People 06

Our Work

Fostering a Human Rights Culture 10

Promoting Justice 18

Securing Equality 26

Education and Outreach 40

Organisational Development 46

Publications and Events 50

Our Finances 58

B ICCL Annual Report 2015 01 Message from the Co-Chairs

In Ireland, 2015 will always be More generally, although the organisation The Executive Board was strengthened As usual, we would like especially remembered for the historic marriage has been very successful in diversifying in 2016 by the arrival of Andrew Forde, to thank our Board colleagues, our equality vote and, as our Executive its funding base, much of the funding a Political Adviser at the Council Executive Director and his entire staff Director highlights in his foreword to obtained (for example, from the European of Europe and J.B. Terrins, Head of team for their remarkable work during this annual report, the ICCL is very proud Union) is “restricted” to expenditure Business and Strategic Development another highly successful year for to have played a major part in securing on very specific projects and activities, at the Centre for Disability Law and the Irish Council for Civil Liberties. full civil marriage for same sex couples. rather “unrestricted” income to support Policy, NUI Galway. We are pleased to the ICCL’s core costs. In order to report that the Board maintains a good Siobhán Cummiskey (Co-Chair - Policy) The organisation’s “regular” work in address this, the Council plans a major gender balance and blend of skills. Niall Mulligan (Co-Chair - Operations) areas such as policing accountability, fundraising drive to coincide with its reporting to United Nations mechanisms 40th anniversary in 2016. The ICCL is Our own terms of office as Co-Chairs will and assisting vulnerable victims to almost unique amongst the significant end next year, as will the tenure of the vindicate their human rights continued NGOs in Ireland in that it does not accept ICCL’s long-serving Executive Director, alongside the Yes Equality 2015 any funding from the State. This is an Mark Kelly. It has been a pleasure and a campaign and we would like to thank essential guarantee of our independence, privilege for us to chair the organisation the ICCL’s staff for their exceptional but it comes at a cost that, in future, we during the last six years of growth and efforts throughout a very busy year. will be asking you to assist us to meet. development and, with your future support for our work, we are confident Financially, in 2015, both income and The ICCL’s mission to make human rights that the ICCL will continue to flourish. expenditure again topped the €1,000,000 accessible to ever wider audiences mark. However, as we have frequently continued in 2015, a particular highlight remarked in previous annual reports, being our 7th Annual Human Rights there is no room for complacency Film Awards. The shortlisted films have where the organisation’s future income always played to packed houses (both is concerned. For example, although in Dublin and at the regional events at the ICCL has secured a generous which they are re-screened), but more capital gift to support the purchase could be done to encourage their use in of its own headquarters, recent shifts direct advocacy. This year, acclaimed US in property market values mean that filmmakers Pamela Yates and Paco de it will be necessary for us to raise Onis ran workshops for the shortlisted additional funds (including from you, filmmakers designed to assist them our members and supporters) in order to maximise the impact of their work to secure appropriate premises. in securing social change. In future years, we hope that the Film Awards will become even more ambitious in scope.

02 ICCL Annual Report 2015 03 Executive Director’s Foreword

2015 was the year Ireland said yes to 2,300 tote bags. Over 60 local Yes Never an organisation to rest upon It was a busy, productive and thoroughly marriage equality – the culmination Equality groups – the true heart of the its laurels, the ICCL was quick to ask: rewarding year and I would like to of a very long campaigning journey by campaign – were established all around “what’s next?” The answer seems very thank the ICCL’s staff team and Board the Irish Council for Civil Liberties, its the country. Perhaps most remarkably, clear: Ireland continues to flout its for their deep commitment to the partners, supporters and friends. all of this was funded through small international human rights obligations organisation throughout 2015. contributions made by people in Ireland by denying women access to safe and From its foundation in 1976 by specifically to ensure that marriage legal abortion and this must change. 2016 will mark the ICCL’s 40th Mary Robinson, Kader Asmal and equality would be enshrined in law. In 2016, the ICCL will throw its weight anniversary year and I have decided others, the Council has focused on behind campaigning work to repeal that it is time for fresh leadership to the need to secure full equality for ICCL staff, members and supporters the misogynistic 8th Amendment to take the organisation forward into its same sex couples, of which full civil threw their hearts into Yes Equality the Constitution, which equates the fifth decade as Ireland’s independent marriage is a crucial dimension. 2015, from providing top-level strategic existence of a foetus to the life of a human rights watchdog. It has been and tactical direction on the Campaign living, breathing woman. Abortion a real honour to lead the ICCL for Yes Equality 2015 was a campaign like Executive Group, through managing law reform will be the organisation’s the last decade, during which the no other, a sparkling edifice built on communications, to driving funding next big human rights win. organisation has contributed to some the solid foundations established over and ensuring financial propriety, ICCL profound advances in the protection and decades with old-established partners people brought their professionalism 2015 also saw significant developments promotion of human rights in Ireland. such as the Gay and Lesbian Equality to bear on every significant aspect of in other areas of the organisation’s work, Network (GLEN) and relative newcomers the campaign. The 2015 staff photo including the establishment of a Policing The need for an organisation such like Marriage Equality (formerly the in this annual report clearly shows Authority, the development of detailed as the ICCL is greater than ever and KAL campaign). Its resonance was the joy that all of us felt when the proposals on hate crime and leadership I trust, in future years, the Council felt domestically and globally, not results became known at the RDS. On of the civil society input into the United will continue to enjoy your support. least because it demonstrated that 25 May 2016, 1,201,607 people voted Nations Universal Periodic Review. Ireland was no longer in thrall to ‘Yes’ to placing the following words in Mark Kelly, Executive Director the theocratic influences that have the Constitution: “Marriage may be blighted the lives of so many people. contracted in accordance with the law by two persons without distinction The scale of the campaign was as to their sex.” Marriage equality remarkable. 5000 Yes Equality posters became a constitutional right. were erected across the country, 500,000 TÁ and YES badges produced and 1.3 million leaflets delivered to 1.1 million homes. The campaign The leadership of Yes Equality 2015, Mark Kelly (ICCL), Gráinne Healy (Marriage Equality) and Brian Sheehan produced and distributed 465,000 (GLEN) with Minister for Foreign Affairs and Trade, lapel stickers, 1,420,000 flyers, 6300 Charlie Flanagan TD and United Nations Secretary-General t-shirts, 800 hi-visibility vests and Ban Ki-moon at Dublin Castle, May 2015

04 ICCL Annual Report 2015 05 OUR PEOPLE

Our People The 2015 Executive Board The ICCL is governed by an Executive Board drawn from academia, business and the law

Niall Mulligan (Co-Chair – Operations) Siobhán Cummiskey (Co-Chair – Policy)

Alan D.P. Brady Claire Hamilton

Clare Naughton Jonah Mudehwe

Deirdre Miller Andrew Forde

J.B. Terrins

06 ICCL Annual Report 2015 07 The ICCL Staff

Emily Glen joined the ICCL in October 2015 as Communications and Campaigns Officer. Emily has a Bachelor’s degree in International Relations and an MSc in International Political Science from Trinity College, Dublin. Prior to joining the ICCL, Emily worked as a Policy & Campaigns Officer at the British Irish Chamber of Commerce.

Jason O’Mara joined the ICCL policy team as the Human Rights Administrative Assistant. Jason has a degree in English and Sociology from University College Dublin and an MA in Criminology from Dublin Institute of Technology.

In October 2015, the ICCL bade farewell to its Communications Manager, Walter Jayawardene. Walter has joined the Irish Human Rights and Equality Commission as their Senior Human Rights and Equality Officer. Walter joined the ICCL in 2009 and was instrumental in building the organisation’s communications platform, as well as operating communications as a volunteer for the Yes Equality 2015 campaign.

Right: ICCL Staff 2015 (clockwise from left) Grace Mulvey, JUSTICIA Project Manager; Mark Kelly, Executive Director; Stephen O’Hare, Senior Research and Policy Programme Manager; Karen Ciesielski, Head of External Development; Joanne Garvey, Head of Administration; Deirdre Duffy, Deputy Director; Pia Janning, Human Rights Policy and Research Officer; Suzanne Handley, Organisational Development Manager; Walter Jayawardene, Communications Manager

08 ICCL Annual Report 2015 09 Fostering a Human Rights Culture FRANET

The ICCL continues to deliver key The consortium completed a number research and information services as of research projects in 2015, including part of the Irish FRANET consortium for a short thematic report on The Right the EU Agency for Fundamental Rights to Interpretation and Translation (FRA). FRANET is the multidisciplinary in Criminal Justice Proceedings in research network, which has been the EU, which was conducted by in operation since 2011. It replaced the ICCL. This research involved a two former research networks, the survey of key stakeholders in the Racism and Xenophobia Information area of criminal justice in Ireland. Network - RAXEN (formerly held by the ICCL), and the Legal Information The Consortium has also contributed Network FRALEX, (formerly held detailed information, case law and by NUI Galway and later also by examples of good practices to both the the ICCL). The current consortium 2014 and the 2015 FRA annual reports. comprises a large number of key legal These reports are compiled under the and academic expert personnel in thematic areas of the FRA Multi Annual Ireland and is led by a partnership Framework 2013-2017. of the Irish Centre for Human Rights at NUI Galway and the Irish Council These include: for Civil Liberties. The function of the network is to provide relevant data to A Access to justice; FRA on fundamental rights issues, to B Victims of crime, including facilitate the comparative analyses of compensation to victims; issues across the EU. This is achieved C Information society and, in through the conduct of both primary particular, respect for private life (fieldwork) and secondary (desk and protection of personal data; based analysis) research activities. In D Roma integration; general, requests from FRA will take E Judicial cooperation, except the form of in-depth research studies, in criminal matters; short thematic reports and requests F Rights of the child; for information on specific issues.

10 ICCL Annual Report 2015 11 ICCL continues to support Survivors of Symphysiotomy in search for justice

G Discrimination based on The ICCL wishes to acknowledge the In 2015, the ICCL continued to made it impossible for the plaintiff sex, race, colour, ethnic contribution to the FRANET Consortium support the survivors of the cruel to prove her case even though the or social origin, genetic of former Director of the Irish Centre for and barbaric surgical procedures judge would have taken “hold of twig features, language, religion Human Rights and FRANET Consortium relating to child birth known as or twine-thread” to uphold her case. or belief, political or any leader Prof Michael O’Flaherty. Symphysiotomy and Pubiotomy. other opinion, membership Prof O’Flaherty has recently been Speaking after the judgment, ICCL of a national minority, appointed as the new Director of the Symphysiotomy and pubiotomy Director Mr Mark Kelly criticised property, birth, disability, EU Agency for Fundamental Rights involve sundering the pelvis at either what he described as the ongoing age or sexual orientation; (FRA) replacing outgoing director Mr the symphysis joint (symphysiotomy) absence of effective remedies for H Immigration and integration Morten Kjaerum. The ICCL wishes to or the pubic bone (pubiotomy), women subjected to “this barbaric of migrants, visa and border express its sincere gratitude to Prof supposedly to enable enable vaginal practice”. Speaking at the steps of control and asylum; O’Flaherty for his work on the project birth in obstructed labour. The the Four Courts, Mr Kelly added that I Racism, xenophobia and to date and we wish him every success surgeries were prevalent in a number ‘the onus remains on the State to related intolerance. as he assumes this important role. of hospitals in Ireland, particularly in ensure that, in all cases in which Catholic teaching hospitals, mainly women allege that they have been The Multi Annual Framework is The ICCL also wishes to welcome from the 1940s to the 1980s, after subjected to degrading treatment of implemented to complement Prof Ray Murphy of the Irish Centre Caesarean section had been accepted this nature, an effective investigation the work of other EU bodies, for Human Rights, NUIG, who has in other countries as the established takes place and a remedy is provided,” the Council of Europe and other taken over the role as Consortium treatment for difficult births. said Mr Kelly. “The case for a full international organisations involved Leader. We look forward to working independent inquiry into the practice of in the field of human rights. closely with him in the coming years. In May 2015 the High Court dismissed symphysiotomy can only be bolstered a legal challenge brought by one of the by [the] events in the High Court”. The ICCL expects to conduct a survivors (with the support of Survivors number of thematic research of Symphysiotomy – a campaign group In September 2015, the ICCL submitted projects in the coming years under representing up to 400 survivors and its follow up stakeholder report to the the current framework contract. led by Marie O’Connor) who claimed UN Human Rights Committee, who that she underwent a non-emergency had requested that Ireland provide symphysiotiomy that left her with follow-up information on its response life-long pain, incontinence and to the Committee’s Concluding

Prof Ray Murphy of NUIG restricted mobility. The procedure Observation on Ireland following its in this, a so-called ‘prophylactic Fourth Periodic Examination under symphysiotomy’ was performed in the International Covenant on Civil advance of labour when a consultant and Political Rights in July 2014. In obstetrician deemed that a vaginal its submission, the ICCL noted that birth in her case would not be possible. that the Irish Government has still The court found that the robust not established an independent defence put forward by the defendant inquiry regarding the practice of

12 Fostering a Human Rights Culture ICCL Annual Report 2015 13 Your Rights. Right Now. – leading the civil society response to Ireland’s UPR

symphysiotomy, and it is abundantly Up-to-date information on the The Universal Periodic Review (UPR) The ICCL travelled around Ireland to clear from its follow-up replies that it scheme was provided to the UN involves a review of the human rights hear what people had to say about their does not intend to do so. In relation to Working Group on Ireland in relation record of all UN Member States lived experience of human rights the Surgical Symphysiotomy Payment to Ireland’s forthcoming second every four and a half years. The and whether they felt any progress Scheme established by the government periodic examination under the review is based on the human rights had been made since Ireland’s first to provide compensation to survivors, Universal Periodic Review (UPR). commitments made by UN countries. UPR. It held open consultations in the ICCL noted that it provides for partnership with the Irish Human limited compensation and requires The Government, the UN and civil Rights and Equality Commission in that extensive evidence is provided society all prepare reports that provide Cork, Galway and Dublin and also held to support claims of ill health and information on the human rights a number of thematic consultations complications that arose as a direct situation on the ground in the country together with our UPR Steering consequence of the procedure and the being reviewed. Ireland was reviewed Group Partners. The ICCL produced scheme that requires the women to for the first time under the UPR in 2011. an animated video The Universal waive their rights (including against Periodic Review Explained to explain both State and private actors) to Marie O’Connor of Survivors of the UPR process to people and made seek further compensation. In its Symphysiotomy and Mark Kelly of the a short film about the consultations conclusion to the Committee, the ICCL speaking to the media after the May Voices from the Ground: Your Rights. 2015 High Court judgment ICCL noted that this was in flagrant Right Now. UPR Consultations. As part contravention of Ireland’s obligations of the consultation, it also invited under international human rights law, people to make written submissions, which requires that proactive steps be of which 56 were received. taken to combat impunity, including Pia Janning, Human Rights Policy and Research by identifying and, when necessary, Officer, speaking at a UPR consultation punishing perpetrators of ill-treatment. In September 2015, Your Rights. Right Now., a coalition of civil society organisations and trade unions, led by the ICCL, submitted its civil society report directly to the UN to inform Ireland’s second UPR examination in May 2016. The report was endorsed by a wide range of organisations and individuals.

14 Fostering a Human Rights Culture ICCL Annual Report 2015 15 Before submitting the report to the The UN Human On 15 December 2015, the ICCL In 2016 the Your Rights. Right Rights Council CIVIL SOCIETY STAKEHOLDER REPORT UN, the ICCL held a National Review FOR IRELAND’S ND UNIVERSAL PERIODIC REVIEW Meeting Room hosted a high profile launch of the Now. coalition will continue its Event on 9 September to allow those report, moderated by RTÉ presenter advocacy and lobbying work on the who had taken part in the consultation and broadcaster Audrey Carville. UPR in preparation for Ireland’s process to review and comment on The launch was attended by over review in September 2016. the draft report. The Your Rights. Right 75 people, including members of Now. report covers 20 thematic areas the diplomatic corps, officials from including, but not limited to: gender Government Departments, and equality, the right to adequate housing, civil society representatives. the rights of the child, the impact of the economic crisis, prison conditions, mental health, historical abuse of Your Rights. Right Now. The UPR women and children in medical and Civil Society Stakeholder Report institutional care, Traveller and Roma rights and reproductive rights.

16 Fostering a Human Rights Culture ICCL Annual Report 2015 17 Promoting Justice JUSTICIA European Rights Network

The ICCL is delighted to announce Procedural & Defence Rights that all of its activities from the first year of the new three-year framework Know Your Rights to Access a Lawyer agreement 2015-2017 with the This pack explains the rights set out for European Commission have been suspected and accused persons under successfully completed, with a number the EU Directive on Access to a Lawyer. of significant outputs. The three year agreement sees JUSTICIA Network Know Your Rights Animation member organisations work to enhance A new animated educational video both the domestic and regional impact was produced. This 3.5 minute long of their work with an emphasis on the animation explains the procedural rights rights of victims of crime, procedural of suspected and accused persons in and defence (fair trial) rights. criminal proceedings contained within three EU Directives, i.e. the Directive Key outputs in 2015 on the Right to Interpretation and include the following: Translation, the Directive on the Right to Information and the Directive on the Victims of Crime Right to Access a Lawyer in Criminal Proceedings. The video will also be a Monitoring Tool on the Victims’ Directive useful tool for key stakeholders within A Monitoring Tool has been developed to the criminal justice system, including examine EU Member State compliance police, legal practitioners, government and document domestic practices in departments, courts services, etc. relation to the Victims’ Directive, the roll-out of which will commence shortly. Research Project on the Right to Information Know Your Rights on the The aim of this project was to use a Victims’ Directive previously developed monitoring toolkit Additional translations of the previously to facilitate an NGO-led assessment produced Know Your Rights on the of Member States’ compliance with Victims’ Directive were completed in the requirements of the Directive 2015. This publication is now available on the Right to Information. in English, Estonian, Hungarian, Greek, Latvian, Lithuanian and Slovenian.

18 ICCL Annual Report 2015 19 Realising the Directive on Access to a Lawyer in Criminal Proceedings: Best Practice and Implementation

Research Project on Vulnerable Know Your Rights to Information In 2015, the ICCL continued to The Directive was adopted on Suspected and Accused Persons Additional translations of the previously implement its two-year project entitled the 22 October 2013 and must This research project was completed produced Know Your Right to Information “Realising the Directive on Access be transposed into national law in Bulgaria, Hungary and Romania were completed in 2015. This publication to a Lawyer in Criminal Proceedings: by the 27 November 2016. and specifically focused on the is now available in six network Best Practice and Implementation”, protections in place for vulnerable member languages - English, Spanish, funded under the Criminal Justice 25 EU Member States will participate adult suspected and accused persons Polish, Latvian, Czech and Greek. Programme of the European Union. in the adoption and application of this in criminal proceedings. The aim of this Directive. While Ireland is not taking part research was to explore and identify All publications and videos are The EU Directive on the Right of Access in the adoption of this Directive, it is promising or harmful practices. available to download from the to a Lawyer arose out of a Roadmap hoped that the State may in the future JUSTICIA European Rights website on procedural rights of suspected agree to be bound by its provisions. www.eujusticia.net/index.php/resources and accused persons, which was adopted in 2009 during the Swedish The ICCL’s project is directed at Presidency of the European Union. upskilling legal practitioners and others The aim of the Swedish Roadmap is on the Directive and also contains a to strengthen the procedural rights cross-jurisdictional dimension aimed of suspected and accused persons at providing the tools to help achieve in the EU through the adoption of a effective implementation of the KNOW YOUR RIGHTS ON ACCESS TO A LAWYER series of measures to safeguard those Directive in other EU Member States. GRACE MULVEY rights in all Member States. It sets out common minimum standards for the Over the course of 2015, the ICCL protection of those rights. The Swedish produced a number of training The JUSTICIA Network is financially supported by the Criminal Justice Programme of the European Union Roadmap forms the action plan, in resources for practitioners on the the area of procedural rights, of the right of access to a lawyer, including: Stockholm Programme 2010-2014, THE JUSTICIA EUROPEAN RIGHTS NETWORK IS COORDINATED BY THE IRISH COUNCIL FOR CIVIL LIBERTIES WWW.ICCL.IE which set out the EU’s priorities in the The EU Directive on the Right of Access

Know Your Rights on Access area of justice, freedom and security. to a Lawyer: A Guide for Practitioners; to a Lawyer, another new JUSTICIA publication The aim of these common minimum Implementation of the Right of Access standards is to build on the principle to a Lawyer: Training Manual; of mutual recognition among EU Member States of judgments, judicial Implementation of the Right of Access decisions and police and judicial to a Lawyer: Training Manual Template cooperation in criminal matters for Adaptation in Other Jurisdictions; having a cross-border dimension.

20 Promoting Justice ICCL Annual Report 2015 21 Policing: Taking the Road to Reform in 2015

Check Your Knowledge: Quiz and In late 2015, work also commenced to Policing in Ireland underwent a major Although there is widespread Implementation of the Right increase the interactive functionality of shift in 2015. The ICCL was an important acceptance now in Ireland that best of Access to a Lawyer: www.eujusticia.net by creating a training voice informing the public, policy practice for public appointments must resources section for the website and makers and public representatives on involve an independent recruitment Case Review Tool introducing a live twitter feed, for use international human rights standards. process, the Government moved to Both the Guide for Practitioners by practitioners and other key figures For decades, the ICCL has been pointing choose its own Chairperson; in this and the Training Manual Template in the criminal justice system both in to best practice in the management of instance, Ms Josephine Feehily, who was were translated into Polish. Ireland and beyond. Research is also police services globally as benchmarks announced as chairperson designate in ongoing to produce a compendium which should be applied to the Irish November 2015. The Authority’s ordinary In September 2015, the ICCL of international standards and good context. One of our most enduring members were appointed via an open collaborated with the ‘Law Society of practice guidance on the right of access recommendations concerned the need call for expressions of interest through Ireland Professional Training’ seminar to a lawyer. It is anticipated that these for an independent Policing Authority. the Public Appointments Service for legal practitioners on “Garda resources will be available in early 2016. In 2015, this became a reality. The (PAS). However, the devil is in the detail Station Questioning” and in November/ ICCL wholeheartedly welcomed the and, during 2015, the ICCL, through December 2015 conducted a series of establishment of this new oversight its expert analysis of the legislation, webinar training series on the right of structure concerning as it does one brought to public attention some lesser access to a lawyer with participation of our most critical State bodies. known provisions of the 2015 Act. One from legal practitioners, academics, law exempts the Government from the students and NGO representatives. The Garda Síochána (Policing Authority obligation to choose the Authority’s first and Miscellaneous Provisions) Act members from amongst candidates Throughout 2015, the ICCL continued 2015 hit our statute books towards proposed by PAS, effectively allowing to be guided by its High Level Expert the end of the year, and the Minister the Government to ‘cherry pick’ the Group on the right of access to for Justice and Equality moved quickly Authority’s membership. Another frees a lawyer, comprised of criminal to populate this new statutory body the Government from using the PAS defence lawyers and other leading and allocate resources. The legislation process if it decides to re-appoint any experts in the field from Ireland, provides the Policing Authority with of the initial members of the Authority. England and Wales, and Scotland. extensive functions for oversight, review and standard-setting within As reported in 2014, when the wave of An Garda Síochána. This will include scandals hit the policing establishment the review of corporate governance, in Ireland, the ICCL was consistently recruitment and internal performance providing a neutral, informed assessment; examination of Garda commentary on the real issues at hand. resourcing; nomination of appointees to After a sustained call for an independent senior ranks; and target-setting for An inquiry, we were finally afforded a Garda Síochána, including the approval judicial-led investigation under the of annual policing plans, strategy auspices of Mr Justice Nial Fennelly. In statements and codes of ethics. 2015, we saw the first fruits of that work

22 Promoting Justice ICCL Annual Report 2015 23 with the judge’s interim report published The ICCL has called on the Government Well-trained new officers will be late in the evening on 1 September to publish a clear plan to implement the central to the 2015. This portion of the Commission’s recommendations of the 2014 Toland development of investigations focused on determining Review of the Department of Justice and policing in Ireland the sequence of events leading appoint a suitable permanent Secretary up to former Garda Commissioner General to oversee the implementation. Callinan’s resignation in March 2014 in the midst of revelations about the In the coming years, by our continued decades-long practice of recording engagement at all levels, the ICCL looks telephone calls in Garda stations. forward to a fundamental, rights-based shift in the management, delivery and Once again, the ICCL was quick off oversight of justice and policing in the mark, distilling the issues most Ireland. The task is complex and not relevant for the effective, democratic without potential political pitfalls. As functioning of justice and policing in such, the ICCL will continue to be a vital Ireland. Much of the discussion around voice of independence and honesty the report’s findings focused on the role through this transformative period. played by Taoiseach Enda Kenny in the Commissioner’s retirement. However, for the ICCL, the more significant long- term revelation arising from the report is the picture it paints of “serious information deficits and multiple failures of communication” within the Department of Justice and Equality. This assessment accords to that of Kevin Toland, who undertook a comprehensive review of the Department in 2014.

24 Promoting Justice ICCL Annual Report 2015 25 Securing Equality

26 ICCL Annual Report 2015 27 Ireland Votes YES EQUALITY

On the afternoon of 23 May Yes Equality was the fruit of the On 29 August 2015, President The new legislation giving effect to 2015, it was confirmed that efforts of countless campaigners Michael D. Higgins signed this the will of the people expressed in the 1,201,607 people had voted across the country and a core remarkable change into the Marriage Equality Referendum took ‘Yes’ to placing the following 17 campaign team based in Dublin’s Constitution. The commencement effect on Monday 16 November 2015. words in the Constitution: Clarendon Street, made up of the order on the Marriage Act 2015 was “Marriage may be contracted ICCL, Marriage Equality and GLEN, signed by the Minister for Justice Built by the ICCL, GLEN and Marriage in accordance with the law alongside a host of volunteers. and Equality, Frances Fitzgerald Equality, the sheer graft of a small by two persons without TD, who steered the legislation army of volunteers brought the distinction as to their sex.” through the Oireachtas. The campaign alive and changed Irish Tánaiste, Joan Burton TD signed society for the better in 2015. Ireland had voted in favour of equal an accompanying regulation under marriage by a majority of 62%. the Civil Registration Act 2002. The ICCL had worked closely with its partners in Marriage Equality Dublin Castle Yard and the Gay and Lesbian Equality on the day of the Katherine Zappone and her wife Ann Louise historic marriage Network (GLEN) to create a national Gilligan, pioneers of marriage equality equality vote Campaign for Civil Marriage Equality; Yes Equality 2015. 23 May 2015 Through a national canvassing was a momentous day and the programme, a nationwide bus tour, culmination of decades of work a dynamic social media presence by the ICCL and others, building and a creative public relations plan, links, working relationships and the campaign created a positive strategic partnerships across and open national conversation the LGBTQ equality sector. about the role of LGBT people in the nation’s fabric and the powerful changes that a Yes vote would bring.

ICCL Deputy Director Deirdre Duffy Yes Equality founders, with Yes Equality Campaigners staff and volunteers

28 Securing Equality ICCL Annual Report 2015 29 The ICCL and the long road to marriage equality

1976 1980s 1990s 2006

The ICCL is founded on 30 June ICCL Executive member Senator On 9 April 1990, the ICCL Working In May 2006 ICCL founding member 1976 by human rights lawyers Mary David Norris begins his series of Party on Lesbian and Gay Rights Kader Asmal launches Equality Robinson, Kader Asmal and others “to legal actions in the Irish courts publishes the ground-breaking for All Families, an agenda-setting promote human rights, protect civil challenging the criminalisation of Equality Now for Lesbians and and hugely influential outline liberties, recover them where they homosexuality with ICCL founding Gay Men, which forensically of the myriad reforms required have been removed, and enlarge them member Mary Robinson as his charts the discrimination and in Irish family law to ensure all where they have been diminished”. counsel. Senator Norris finally sees prejudice faced by lesbians and Irish families are treated equally. victory in Strasbourg in 1988 at the gay men in Ireland. The publication Chief amongst the publication’s Picture — Kader Asmal with Mary Robinson at an ICCL European Court of Human Rights. has a central role in achieving observations is “since the State’s meeting in 1976 (Photo courtesy of the Irish Times Archive) decriminalisation of homosexuality involvement in marriage is secular Picture — David Norris pictured with Jeffrey in 1993. As the Irish Queer Archive in nature, the current distinction Dudgeon in 1980, by Pat Langan says “It’s impossible to overstate between opposite-sex and same-

the significance and influence of sex couples cannot be justified”. this publication in advancing and shaping both law reform and the Picture — Khongorzul Battur, Kadar Asmal and Daryl Donnery at the launch of Equality for All Families subsequent introduction of anti-

discrimination legislation that was a hallmark of the mid-90s.”

Picture — Equality Now for Lesbians and Gay Men cover 1990

30 Securing Equality ICCL Annual Report 2015 31 2007 2009 2011 2012

The ICCL makes its first foray into The ICCL joins forces with GLEN, Civil partnership is made law in The ICCL launches the Hear campaigning for equal marriage at Marriage Equality, BeLonG To, LGBT Ireland. The ICCL lends influential Our Voices initiative, calling the Electric Picnic, where thousands Noise, GCN and the NLGF to form the support to civil partnership, and on Government to ensure that put their name to a petition calling LOVEACTION LGBT rights collective, the work of GLEN in achieving it, civil society voices are heard as for the government to open up which campaigns at the Electric as an important stepping stone part of the mooted Convention marriage to same sex couples. Picnic and other locations throughout towards full marriage equality. on the Constitution. Detailed 2009 and 2010. LOVEACTION and the hearings from civil society groups Picture — ICCL at Electric Picnic working relationships it sparks form Picture — Chief Justice Susan Denham form a central element in the launches the ICCL/GLEN Know Your Rights guide a crucial first step towards closer to Civil Partnership at the Four Courts Convention’s deliberations. cooperation between the groups during the Constitutional Convention, Picture — Hear Our Voices launch with Mark Kelly and Katherine Zappone and ultimately, Yes Equality.

Picture — ICCL joins forces with GLEN, Marriage Equality, BeLonG To, LGBT Noise, GCN and the NLGF at Electric Picnic

32 Securing Equality ICCL Annual Report 2015 33 Repeal of the 8th Amendment: It’s Time

2015 saw Ireland talking about Within this context, and as abortion in a different way. it is with many issues, the The right of access to abortion international matters in as much came into focus as the human rights as it moves the debate nationally. and equality issue that it is - the And last year, we saw those right to access healthcare and a strong UN recommendations woman’s right to bodily autonomy. gain traction at home. We saw also the steady growth of This movement owed much to the the Coalition to Repeal the Eighth positive force of the Yes Equality Amendment, an ever-developing victory and the unparalleled advocacy and campaigning group of sense across Ireland that people over 50 civil society organisations 2013 2015 did have the power to make comprising trade unions, medical changes to our laws which really associations, campaigning and The ICCL, Marriage Equality and On 9 March 2015 the Yes Equality reflected our lived experiences. human rights NGOs. As a leading GLEN join forces to deliver a joint campaign is launched jointly by the pro-choice organisation within the presentation to the Convention on ICCL, GLEN and Marriage Equality. It is also a testament to the coalition, the ICCL was proud to the Constitution making the case In the months to follow, Yes Equality international advocacy which the elucidate on the international human for civil marriage equality. The becomes, in the words of Gay ICCL, together with partners such as rights standards regarding access Convention overwhelmingly votes Community News, “the greatest the Irish Family Planning Association to abortion services, at the Coalition to recommend to government that grassroots civil rights movement (IFPA), have been carrying out conference in September 2015. it hold a referendum on marriage in the Irish nation’s history”. for many years at the UN Human equality. In November 2013 the Following a positive, colourful and Rights Council and before the UN government formally commits to transformative nationwide campaign, Committees. In 2014, we reported holding a referendum. The ICCL, on 23 May 2015 it is announced that the first major recommendation Marriage Equality and GLEN commit 62% of voters - 1,201,607 people by an international human rights to jointly campaign in favour of a Yes – have voted in favour of opening treaty body to Ireland regarding vote, and over the coming year work marriage up to same-sex couples. constitutional reform in order to together on building the campaign. protect a woman’s right to access an Picture — Yes Victory press conference. ICCL calls for abortion. This was followed in 2015 Picture — Marriage Referendum press conference swift enactment of legislation enshrining (Credit: Sasko Lazarov Photocall Ireland) SSM (Same Sex Marriage) by a recommendation from the UN Committee on Economic, Social and Cultural Rights to the same effect.

34 Securing Equality ICCL Annual Report 2015 35 Preliminary findings of ICCL-Backed Study Finds Hate Crime Must ‘Come out of Shadows’

2015 Annual March On 13 July 2015, the ICCL launched Contrary to State claims that hate for Choice the preliminary findings of its crime is being adequately addressed ambitious research project into hate under the current legal framework crime in Ireland. The research was the new research shows that, in fact, commissioned from the University hate crime remains largely invisible of Limerick’s Hate and Hostility in the criminal justice process. A Research Group led by Amanda system-wide failure to recognise the Haynes and Jennifer Schweppe. The harms of hate crime, and to provide key findings from the report, entitled victims with appropriate protection “Out of the Shadows: Legislating under the law were identified. for Hate Crime in Ireland”, indicate that while hate crime is common in The experiences of those Ireland, it remains in the shadows of interviewed during the course of the State’s criminal justice system. research included hate-motivated The research is supported by a assaults, vandalism, property consortium of NGOs comprising NASC damage and threats. The research – the Immigrant Support Centre, concludes that there is an urgent the Immigrant Council of Ireland need for the legislature to send and the Irish Traveller Movement. a clear message to society that this behaviour is not tolerated. The ICCL will continue to lend The project is Ireland’s only cross- our support and expertise to the sectoral project examining the The research flows from the work governance of the coalition and the potential for legislative reform to of the NGO Working Group on Hate roll out of its activities, towards combat hate crime and is based on Crime, established by Minister the common goal of repealing the wide-ranging interviews with victims Aodhán Ó Ríordáin in 2013. The eighth amendment during the of hate crime, members of An Garda group, led by the ICCL, includes: lifetime of the next government. Síochána and legal professionals. Doras Luimní, the European Network The report also undertakes a Against Racism Ireland (ENAR), the detailed review of international best Gay and Lesbian Equality Network practice on tackling hate crime. (GLEN), the Immigrant Council of Ireland, Inclusion Ireland, the ICCL, the Irish Refugee Council, the Irish Traveller Movement, NASC, Pavee Point, PILA, Sports Against Racism Ireland, and the Transgender Equality Network of Ireland.

36 Securing Equality ICCL Annual Report 2015 37 The research will shortly be Its aim is to capture best practice Jennifer Schweppe with Minister of State concluded and a final report is in the legislative tools used to Aodhán Ó Ríordáin expected to be published in 2016. combat hate crime across Europe, and Mark Kelly as it relates to strategies of legal ICCL leads major new pan European intervention and the implementation study on legislation for hate crime of these rules. Over the past 10- 15 years EU Member States have In August 2015, an ICCL led sought to combat and prevent hate consortium of European NGOs and crime by enacting penal provisions universities was awarded funding that enhance the punishment of under the European Commission’s hate-motivated offenders. The Rights Equality and Citizenship application of provisions has not research programme to look at been uniform, with some countries models of best practice concerning creating new bodies of legislation to It will also look at differences in both Mark Walters from the University of legislation to combat hate crime. criminalise hate crime offences (UK), victims’ and offenders’ experiences of Sussex will lead the research from The project, entitled Lifecycle of a others amending criminal codes to the criminal justice system according the UK and will be joined by Görel Hate Crime - Best practice in the aggravate existing offences (Sweden; to the legislative and policy context Granström from Umea University prevention and prosecution of Hate Czech Republic; Latvia), and some and seek to identify shortfalls in (Sweden), Klára Kalibóva, Director Crime, will examine the application with no specific hate crime provisions the legislative responses to Article of the Prague based legal NGO IN of criminal laws and sentencing (Ireland). This project will detail the 4 of the Framework Decision on IUSTITIA and Anhelita Kamenska, provisions for hate crime across operational realities of hate crime Racism and Xenophobia as well as Director of the Latvian Centre for five EU Member States – Ireland, legislation by gathering experiential existing hate crime legislation among Human Rights. The research is Czech Republic, Latvia Sweden accounts of the legislation ‘in participating Member States. The expected to take two years, at which and the United Kingdom. action’ from legal professionals. ICCL is acting as project coordinator time the findings will be presented and is joined by leading Irish in 2017. The findings of the research

researchers on hate crime Amanda will be presented to representatives Haynes and Jennifer Schweppe from from key EU policy makers and

OUT OF THE

SHADO WS: the Hate and Hostility Research stakeholders, including the EU LEGISLATING Group at the University of Limerick. Agency for Fundamental Rights, FOR HATE CRIME members of the EU Parliamentary IN IRELAND Committee on Civil Liberties, Justice Legislative proposals by the University of and Home Affairs and the Expert Limerick Hate and Hostility Research Group and the NGO Working Group on Hate Crime Group on the implementation of the Framework Decision on Combatting Racism and Xenophobia

Out of the Shadows: Legislating through the Criminal Law. for Hate Crime in Ireland

38 Securing Equality ICCL Annual Report 2015 39 EDUCATION AND OUTREACH

Education and Outreach Seventh annual ICCL Human Rights Film Awards

The 2015 Human Rights Film Awards The 2015 ICCL Human Rights Film saw the international scope of Awards Gala saw second place Ireland’s only human rights themed prize go to Spanish film Barcelone film competition broaden further ba Barsakh, a dramatization of the than any previous year, and this struggles facing migrants crossing was reflected in the diversity of the Mediterranean, by Nacho Gil and themed portrayed in the entries. Cristina Vergara. Third place prize went to Let the Devil Sleep, by Alan Whelan, At the Gala, acclaimed filmmakers Eoghan Rice and Elena Hermosa - a Hamzy Ramezan and Rungano Nyoni documentary following survivors of were awarded the Awards’ 2015 the Rwandan Genocide and their Grand Prize for their Danish short film journey of reconciliation. Shortlisted Listen- a tense fictional examination filmmaker Simon Hipkins also accepted of cultural barriers and bureaucratic a Special Jury Award for his film miscommunication set in a Copenhagen Moving Lives: Misan, a portrait of the police station. The film follows a woman life of a migrant Dublin Bus driver. in a burqa who brings her young son to file a complaint against her abusive husband. But the translator assigned to her is unwilling to convey the true meaning of her words. The drama that plays out is a chilling reminder of the isolation that many victims can face when dealing with the authorities in a

language not their own. The unanimous Grand prize recipients Helen Granqvist choice of the Awards’ Jury, the film also and Valeria Richter on the red carpet casts a light on a core area of the ICCL’s in Dublin’s Lighthouse Cinema own work in promoting the need for adequate translation and interpretation facilities for victims and accused persons dealing with the authorities.

40 ICCL Annual Report 2015 41 The ICCL Human Rights Film Awards The 2015 ICCL Human Rights Film Awards Shortlist

Jury members John Kelleher, Pamela Yates, Paco de Onís and Senator David Norris

Moving Lives: Misan Let the Devil Sleep Director: Simon Hipkins Directors: Alan Whelan, Eoghan Rice and Elena Hermosa Moving Loves: Misan, directed by London based film director and writer Filmed in Rwanda between January Simon Hipkins, tells the story of an Irish and February 2014, Let the Devil citizen, father and bus driver working Sleep follows two Tutsi women, Marie in Dublin. Misan fled his country of Mukagasana and Frida Kamuizma, who birth at a young age due to armed in 1994 were persecuted, subjected conflict, but that is all we are told to horrific violence and who lost about his past. Looking to the future, family members at the hands of Hutu Misan now sees Ireland as his home. militias. It also follows Jean Baptiste This documentary explores some of the Gatera and Juvenal Moudenge - challenges he faces, particularly the neighbours of these women - who Valeria Richter accepts grand prize ‘Misan’ director Simon Hipkins pictured with racial abuse he regularly experiences took an active part in the genocidal Orighomisan Ulori and filmmaker Niyi Babade while on his Dublin Bus route. Misan violence that swept the country. is part of the Immigrant Council of Through a series of calm and reflective Ireland’s Moving Lives series that uses testimonies delivered individually film portraits to draw attention to and together, this documentary tells issues of racism, integration, human the story of these four individuals’ trafficking and family reunification. unlikely journey of confession, forgiveness and reconciliation.

Nacho Gil, David Moliner and Jesus Martinez, director, producer and star of ‘Barcelone ba Barsakh’

42 Education and Outreach ICCL Annual Report 2015 43 The 2015 ICCL Human Rights Film Awards Shortlist View the films online at www.humanrightsfilmawards.org

Nightmare Where is Don? Barcelone ba Barsakh Listen Director: Bob Gallagher Director: More Raça Directors: Nacho Gil cid De Diego Directors: Hamy Ramezan and Cristina Vergara Sequeiro and Rungano Nyoni Following the Marriage Equality Panic and apprehension are the referendum, Ireland is set to be one emotions that dominate the 10 minute Barcelone ba Barsakh is a fictional What if you were a victim and wanted of the most progressive countries duration of the short film Where is short film that tells the story of Demba, to speak out? But every time you spoke, in the world for the recognition of Don? However for many journalists a Senegalese immigrant in Spain. what you say is watered down, distorted gender identity. However, Transgender and human rights defenders, such Arriving on a human trafficking ship, or contradicted? This is a very real citizens across Europe continue feelings do not just last the length Demba has faced great hardship to problem facing thousands of vulnerable to face significant challenges to of a short film, but are constant. reach Barcelona. While this film’s people across Europe today, who, due vindicate their rights. Commissioned Around the world, journalists and story is fictional, the issue is all too to language barriers and insufficient by Transgender Europe, Nightmare puts activists face persecution and severe real. An estimated 1,800 migrants lost interpretation and translation facilities, these challenges into fast-paced and danger for exercising the right to free their lives in the Mediterranean Sea are unable to interact properly with dramatic perspective, illustrating the expression. Such dangers are often in the first five months of 2015 alone. the authorities. Hamy Ramezan and many bureaucratic and medical barriers compounded due to the inaction The film also examines the treatment Rungano Nyoni skilfully dramatise placed before Transgender citizens in or complicity of the authorities. of immigrants once they arrive in this problem in Listen, a tale of a order for their gender identity to be Filmmaker and women’s rights activist Europe, where they face nostalgia woman in a Copenhagen police station recognised. These include obligatory More Raça explores this phenomenon for their families and home culture, seeking assistance to report and sterilisation, enforced divorce and in her native Kosovo, telling the tense discrimination and the constant fear escape her abusive husband. But her the requirement of a diagnosis of tale of a journalist living in constant of deportation. Barcelone ba Barsakh interpreter seems unwilling to convey mental illness. What may seem fear of threats, harassment and puts a face on the many immigrants the true meaning of her words. like a nightmare to most European intimidation due to her writing. who are forced to take their chances citizens is a reality for many others. on Barsakh and ‘the beyond’ by crossing the Mediterranean Sea.

44 Education and Outreach ICCL Annual Report 2015 45 Organisational Development Building a Sustainable Future for Human Rights Protection and Promotion in Ireland

We would like to extend our sincere The European Commission selected the thanks to our members, supporters ICCL for a sixth consecutive operating and friends for your continued grant in relation to our criminal justice support, without which our work of work, enabling us to deliver a range of protecting and promoting human rights activities and projects in this key policy in Ireland would not be possible. area through the ICCL-led JUSTICIA European Rights Network, which has We are deeply grateful to the Atlantic 19 members in 17 EU Member States. Philanthropies and the Sigrid Rausing Trust for their steadfast commitment Together with the Irish Human Rights to our work. We would also like to Centre at NUI Galway, the ICCL’s work thank the Community Foundation as the Fundamental Rights Agency’s for Ireland and The Ireland Funds for National Focal Point continued supporting our human rights education throughout the year, comprising data and awareness-raising projects. collection and research services in relation to fundamental rights issues. During 2015, we continued our work in We also continued to lead a two-year relation to organisational development project funded by an action grant and sustainability, with the aim of from the European Commission. strengthening and expanding our This project, which focused on best community of supporters while practice and implementation of the raising funds to ensure that the Directive on Access to a Lawyer in ICCL is able to fulfil its remit as Criminal Proceedings, involved leading Ireland’s independent human rights criminal law practitioners and partner watchdog and has the resilience organisation Open Society Justice to withstand future challenges. Institute and provided a forum for analysis, information and knowledge exchange in relation to the rights of suspected and accused persons.

46 ICCL Annual Report 2015 47 On 18 June 2015, the ICCL held its We are deeply grateful to our Jury We are deeply grateful to Your support in action: 7th annual ICCL Human Rights Film and Panel members, especially Jury our Jury and Panel members, Awards, Ireland’s only human rights- Chair John Kelleher, and to all of our With the strength of our members and themed short film competition, where sponsors, friends and supporters, especially Jury Chair John supporters, we are able to intervene we welcomed 260 guests to Dublin’s including the Light House Cinema, Kelleher, and to all of our where needed to shape public debate, Light House Cinema to acknowledge IFCO, Filmbase and Windmill Lane, sponsors, friends and ensuring that human rights are part and celebrate the work of the six who continue to make the project supporters, including the of the discussion when developing shortlisted filmmakers. The Human possible each year by donating funds, policy and legislation in Ireland. We Rights Film Awards shine a light on equipment, services, prizes, vouchers, Light House Cinema, IFCO, can also act quickly and meaningfully human rights in both an Irish and a time and expertise. We also extend Filmbase and Windmill when our rights are under threat. The global context while showing how our huge gratitude to over 70 funders, Lane, who continue to make support of our friends and members film can be an emotive, powerful tool who contributed support through our the project possible each also makes it possible for us to to help us understand human rights 4th successful online crowdsourced engage in outreach and education – and why they matter to all of us. fundraising campaign and helped to year by donating funds, work around human rights. cover the costs of the Human Rights equipment, services, prizes, Film Awards. We would also like to vouchers, time and expertise. The ICCL is working to become fully extend a special thanks to all of our sustainable, which will enable the volunteers and interns Katie Coyle organisation to carry out its day-to-day and Niall Cremen, who brought their work while meeting future economic energy, skills and talents to the project. and political difficulties which may arise, so that rights in Ireland remain protected for generations to come.

We would again like to thank all of our members, supporters and friends who contribute their time, energy and financial support to ensuring a secure future for Ireland’s independent human rights watchdog.

48 Organisational Development ICCL Annual Report 2015 49 PUBLICATIONS AND EVENTS

Publications and Events January February

‘ICCL welcomes Mother and Baby Yes Equality 2015 – National Homes Inquiry; calls for justice for Volunteer Day, 2 February, 2015 Magdalene and Symphysiotomy survivors’, press release, 9 January 2015 ‘ICCL calls on Government to release AG’s “legal advice” on ICCL Presentation to Oireachtas foetal abnormality legislation’, Health Committee, Seanad press release, 10 February 2015 Eireann, 9 January 2015 ‘Rights groups welcome Commission’s Meeting with Ms. Federica Mogherini, Policy Statement on access to High Representative of the European civil marriage’, Joint statement by Union for Foreign Affairs and Security the Irish Council for Civil Liberties Policy and European Commission (ICCL), Marriage Equality and the Vice-President, 12 January 2015 Gay and Lesbian Equality Network (GLEN), 12 February 2015 ‘We are the 80% says ICCL, welcoming pre-campaign equality poll’, Press JUSTICIA - Know Your Rights Release, 14 January 2015 on the Victims’ Directive translated to Lithuanian, ‘Advocacy and rights groups join in Electronic, 21 February 2015 criticising government’s Magdalene Bill as unacceptable, unfair and full Yes Equality 2015 - Launch of Pledge of broken promises to survivors’, to Vote Campaign, 23 February 2015 press release, 19 January 2015 Meeting of the FRA Associates ‘Historic Day as Government Publish in Ireland, NUI Offices, Dublin, Wording for Referendum on Marriage 26 February 2015 Equality’, Joint Press Release by Gay and Lesbian Equality Network (GLEN), Irish Council for Civil Liberties (ICCL) and Marriage Equality, 21 January 2015

JUSTICIA, Joint Statement on Legal Aid, 29 January 2015

50 ICCL Annual Report 2015 51 March April May June

Yes Equality 2015 – Official Launch Campaign Groups calling for repeal JUSTICIA - Snapshot of Legal Aid in ‘ICCL Welcomes Changes to of Yes Equality 2015; The Campaign of ‘1871 Lunacy Act’ to present twelve EU Member States, 5 May 2015 Gender Recognition Bill’ press for Civil Marriage Equality, Rotunda petition to Oireachtas Human Rights release, 4 June 2015 Pillar Room, 9 March 2015 Sub-Committee, 1 April 2015 ‘Your Rights. Right Now., Z Card: The Universal Periodic Review: What, How, International Network of Civil ‘ICCL welcomes new Parliamentary Yes Equality 2015 – “I’m Voting Where, Who?’, published 8 May 2015 Liberties Organisations (INCLO) Rights and Equality Body’, press Yes” event, National Library Meetings in Buenos Aires, release, 25 March 2015 of Ireland, 8 April 2015 Yes Equality 2015 – Launch Argentina, 1 – 5 June 2015 of Yes Equality Mythbusters The EU Directive on the Right of Yes Equality 2015 – Business for Fact Sheets, 14 May 2015 Presentation to Joint Committee Access to a Lawyer: A Guide for Marriage Equality launch, Digital on Public Oversight and Practitioners, 26 March 2015 Exchange, Dublin, 16 April 2015 Yes Equality 2015 - Lawyers for Petitions, 10 June 2015 Choice launch Series of Animated JUSTICIA - High Level Expert Short Films, 18 May 2015 Your Rights. Right Now., The Group Meeting on Access to a UPR Explained – Animated Lawyer, Dublin, 26 March 2015 YES Equality 2015 – “The Kids short video, 17 June 2015 are Alright” Press Conference, ‘Know Your Rights – The Rights Dublin, 18 May 2015 7th Annual ICCL Human Rights of Children and Young People’ Film Awards, The Lighthouse launch, Dublin, 28 March 2015 ‘New Policing Body: Rights Watchdog Cinema, 18 June 2015 calls for full independence’, President of Ireland’s Ethics Initiative, press release, 18 May 2015 ‘“Hear me now” say filmmakers Áras an Uachtaráin, 28 March 2015 scooping top human rights prize’, Yes Equality 2015 – “The Final press release, 18 June 2015 Yes Equality 2015 – Launch of Push” photocall with An Taoiseach Families for Yes event, Smock Enda Kenny TD, 21 May 2015 Your Rights. Right Now., A Plain Alley, 30 March 2015 English Guide to the Universal Periodic ICCL meeting with UN Secretary- Review, revised 2015, 25 June 2015 General Ban Ki-Moon, Dublin Castle, 25 May 2015

Launch of the Yes Bus Nationwide Tour Oscar nominee Saoirse Ronan launches Yes Final Push for Yes United Nations Secretary-General Ban Ki-moon Equality Get Out the Vote Campaign with Yes Equality Leadership at Dublin Castle

52 Publications and Events ICCL Annual Report 2015 53 August

ICCL presentation to Joint Oireachtas ‘ICCL-Backed Study Finds Hate Your Rights. Right Now. Your Rights. Right Now., Civil Society Committee on Public Oversight Crime Must ‘Come out of Shadows’, Consultation meeting with HIV Stakeholder Report for Ireland’s 2nd and Petitions, 25 June 2015 press release, 13 July 2015 Ireland, Dublin, 31 August 2015 Universal Periodic Review submitted to UN, 18 September 2015 YES Equality 2015 – ICCL Director Launch of ‘Out of the Shadows: Mr Mark Kelly Grand Marshall (with Legislating for Hate Crime September ICCL at International Network of Brian Sheehan and Gráinne Healy) in Ireland’, Fitzwilliam Hotel, Civil Liberties Organisations (INCLO) at Dublin Pride, 27 June 2015 Stephen’s Green, 13 July 2015 ‘Fennelly report indicates need Conference on Religious Freedom and for “root and branch” reform of Equal Treatment, Cardozo Law School, Opinion: Green Guards and Good Faith: ‘Rights watchdog welcomes latest Garda policy, says ICCL’, press New York, 21 – 23 September 2015 the Exclusionary Rule and DPP v. JC, outworking of marriage equality ‘release, 1 September 2015 Claire Hamilton, Executive Board vote’, press release, 16 July 2015 Rights News, Issue 31, Autumn 2015 Member, Irish Council for Civil Liberties, ‘ICCL welcomes commencement Law Society Gazette, June 2015 Your Rights. Right Now., Civil Society of Gender Recognition Act 2015’ Consultations, Galway, 16 July 2015 press release, 4 September 2015 October

July Your Rights. Right Now., Civil Society ICCL at Repeal the 8th Implementation of the Right of Consultations, Cork, 28 July 2015 Conference, Gresham Hotel, Access to a Lawyer: Training Manual, ICCL attend Repeal the 8th Coalition Dublin, 6 September 2015 published 6 October 2015 Press Conference, Buswells Your Rights. Right Now., Disability Hotel, Dublin, 2 July 2015 Rights Civil Society Consultation, ‘ICCL welcomes publication Implementation of the Right of Access Dublin, 29 July 2015 of Marriage Bill 2015’, press to a Lawyer: Training Manual Template ‘Out of the Shadows’ – Launch of ICCL release, 16 September 2015 for Adaptation in Other Jurisdictions, commissioned research report and Your Rights. Right Now., Civil Society published 6 October 2015 draft Heads of Bill by the University Consultations, Dublin, 30 July 2015 Garda Station Questioning, Training of Limerick Hate and Hostility seminar for lawyers in Cork in Right of Access to a Lawyer: Check Rights News, Film Awards Special, Research Group, , Fitzwilliam Hotel, conjunction with the Law Society of Your Knowledge Quiz, 6 October 2015 Issue 30, Summer 2015 Stephen’s Green, 13 July 2015 Ireland, Dublin, 17 September 2015

Launch of ‘Out of the Shadows’ report with Mark Kelly, Grand Marshal of the 2015 Dublin Broden Giambrone of TENI with Dr Lydia Foy as the Your Rights. Right Now. regional consultation Mark Kelly, Executive Director of the ICCL; Pride, with Gráinne Healy and Brian Sheehan Commencement Order for the Gender Recognition Jennifer Schweppe, University of Limerick; Act 2015 was signed and Amanda Haynes, University of Limerick

54 Publications and Events ICCL Annual Report 2015 55 November December

Right of Access to a Lawyer: Case ‘Signing Istanbul Convention will ‘Marriage equality commencement Your Rights. Right Now., Launch of Review Tool, launched 6 October 2015 positively impact women - if followed order “brings down the curtain” on Civil Society Stakeholder Report through, says human rights watchdog’, successful Yes Equality coalition’, for Ireland’s 2nd Universal Periodic Know Your Right to Information press release, 5 November 2015 press release, 7 December 2015 Review, The Westbury Hotel, - Translation to Spanish and Dublin, 15 December 2015 Polish, 6 October 2015 ICCL Submission to the Oireachtas Yes Equality 2015 – Yes Equality Joint Committee on Justice, 2015 campaign honoured with JUSTICIA - Know Your Rights on Access ‘ICCL extends condolences to Defence & Equality on the review ‘Community Group of the Year’ award to a Lawyer, 16 December 2015 family of Garda Golden’, press of Ireland’s approach to possession at the RTÉ/REHAB People of the Year release, 12 October 2015 of limited quantities of certain Awards 2015, 7 December 2015 JUSTICIA - Know Your Right to a Fair drugs – 5 November 2015 Trial Animation 16 December 2015 ICCL at Launch of Lifecycle of a Hate ‘Rights Group Scoops “Community Crime project, London, 19 October 2015 ‘Power crime probe closure Group of the Year” Award for ICCL welcomes establishment “clears the path” for incitement to Yes Equality Campaign’, press of Policing Authority; deplores ICCL at FRA Associates in hatred complaint, says ICCL’, press release, 7 December 2015 “political” appointment process’, Ireland meeting and report release, 10 November 2015 press release, 30 December 2015 launch, 27th October 2015 ‘Your Rights. Right Now. Rights Right of Access to a Lawyer Audit Launched ahead of UN Your Rights. Rights Now, Voices ‘Special Criminal Court Decision – Webinar 1- Regional and Scrutiny of Ireland’, press from the Ground – video from UPR ‘Flouts Rule of Law’ says ICCL’, International Standards on Access release, 15 December 2015 consultations, 15 December 2015 press release, 29 October 2015 to a Lawyer, 12 November 2015 Rights News, Issue 32, ‘“Abolition timeline” needed for Right of Access to a Lawyer – Autumn/ Winter 2015 emergency courts, watchdog says’, Webinar 2 - The Right of Access press release, 30 October 2015 to a Lawyer: Law and Practice in ICCL Annual Report 2014 Ireland, 26 November 2015 ICCL at Expert Group Meeting on EU Framework Decision on Combatting Racism and Xenophobia Through the Criminal Law, Brussels, Belgium, 16 November 2015

ICCL at Official Signing of Marriage Act 2015 commencement order, Dublin Castle, Dublin, 26 November 2015

ICCL receives Community Group of the Rights News Autumn/Winter Year for Yes Equality Campaign, alongside 2015 publication its partners GLEN (the Gay and Lesbian Equality Network) and Marriage Equality

56 Publications and Events ICCL Annual Report 2015 57 OUR FINANCES

Our Finances

The ICCL consists of two organisations – Information is provided to all donors, the ICCL Association and ICCL Ltd., a including individuals, trusts and company limited by guarantee. All of foundations, on a regular basis our day-to-day activities are managed regarding developments, activities by ICCL Ltd., including promotional and programmes to ensure that and awareness-raising initiatives, the ICCL operates in a manner that research and policy activities, is transparent and accountable. fundraising campaigns, staff costs The ICCL complies with all legal and general overhead expenditure. and regulatory requirements, in line with best practice for NGOs. The ICCL Association is a membership organisation. The ICCL Association’s The ICCL financial statements for 2015 financial statements reflect all income have been audited by Squires & Co. generated through membership fees and Chartered Accountants & Registered additional donations made by members. Auditors, 32 Merrion Street, Dublin 2.

The ICCL receives income from individual members, supporters and a small number of foundations and trusts in order to carry out the work of the organisation. The ICCL expends its income on research, campaigning and promotional costs across the four main ‘pillars’ of the organisation’s work (monitoring human rights, promoting justice, securing equality and organisational development).

58 ICCL Annual Report 2015 59 Irish Council for Civil Liberties Association Irish Council for Civil Liberties Association

2015 (€) 2014 (€) 2015 (€) 2015 (€) 2014 (€) 2014 (€) Income & Income Balance Sheet Fixed Assets Expenditure As at 31 Grants 2,500 0 Current Assets Account December 2015 For the year ended Membership 6,063 5,943 Prepayments 31 December 2015 Donations 5,120 0 Bank and Cash 32,441 28,021

Other income 0 0 32,441 28,021 13,683 5,943 Special funds 0 0 Current Liabilities Total Income 13, 683 5,943 Trade Creditors 0 0 Accruals 0 0 Expenditure on Activities 0 0 of Strategic Plan Capacity Building 31 (14) Net Assets 32,441 28,021 Research & Policy Development 9,162 0 Cash Carry Forward 28,021 22,134 Campaigning and Communication 70 70 Surplus of income 4,420 5,887 Lobbying and Advocacy 0 0 over expenditure Networking 0 0 32,441 28,021 Fundraising 0 0 Total Expenditure 9,263 56

Surplus of Income over Expenditure 4,420 5,887

60 ICCL Annual Report 2015 61 Irish Council for Civil Liberties Limited Irish Council for Civil Liberties Limited

2015 (€) 2014 (€) 2015 (€) 2015 (€) 2014 (€) 2014 (€) Income & Income Balance Sheet Fixed Assets Expenditure As at 31 Total Income 1,131,183 1,233,971 Computer Equipment 14,111 3,351 Account December 2015 For the year ended Furniture & Fixtures 1,354 3,406 31 December 2015 Expenditure 15,465 6,757

Costs of campaigns, publications and (951,542) (1,065,058) awareness and fundraising activities Current Assets Support Costs (177,872) (168,918) Debtors 328,203 103,204 (Governance, administration and capacity building costs) Cash at bank and in hand 182,733 116,059 Total Expenditure (1,129,414) (1,233,976) 510,936 219,263

Bank Interest 12 5 Creditors: amounts falling (493,170) (194,570) due within one year

Net Current Assets/ 17,766 24,693 Surplus before taxation 1,781 0 Liabilities Tax on surplus 0 (0) Total assets less 33,231 31,450 1,781 0 current liabilities

Retained Surplus brought forward 31,450 31,450 Reserves Retained Surplus 33,231 31,450 Retained Surplus at the end of the year 33,231 31,450

The company had no recognised gains or losses in the financial The above figures are taken from the ICCL Ltd., audited period other than the surplus for the above two financial years. financial statements for the year end (31 December) 2015.

The above figures are taken from the ICCL Ltd., audited financial statements for the year end (31 December) 2015.

62 ICCL Annual Report 2015 63 Contact

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

64 978-0-9935358-1-9 ICCL Annual Report 2015 65 66