The Fourth Annual Report of the Northern Ireland Human Rights Commission

ANNUAL REPORT 2003 Cm 5866 ISBN 1 903681 36 7 Rt Hon Paul Murphy MP Secretary of State for Northern Ireland Block B, Castle Buildings Stormont Belfast BT4 3SG July 2003 Dear Secretary of State, I have pleasure in submitting to you, as required by paragraph 5(1) of Schedule 7 to the Northern Ireland Act 1998, the fourth Annual Report of the Northern Ireland Human Rights Commission. It shows how the Commission has performed its functions during the period 1 April 2002 to 31 March 2003. Yours sincerely, Brice Dickson Chief Commissioner CHIEF COMMISSIONER’S FOREWORD Full details of the Commission’s work during the year 2002-2003 are provided in the pages which follow. For ease of reference the Commission’s main concerns are set out below. 1 The right to life The Commission is severely disappointed by the government’s response to the judgment of the European Court of Human Rights in the Jordan case of May 2001. We do not believe that enough is being done to ensure that thorough, impartial and effective investigations are being conducted into all killings in Northern Ireland, especially (but not exclusively) those allegedly perpetrated by, or with the connivance of, members of the security forces. More particularly, the inquest system in Northern Ireland remains in a chaotic state because of the failure of the government to take the necessary steps to comply with European standards. We also remain worried that the Key Persons Protection Scheme, and related schemes, are not being applied in Northern Ireland in a way which is fully consistent with Article 2 of the European Convention on Human Rights. 2 Paramilitary violations The frequency and severity of violence associated with paramilitary organisations continues to alarm us. We assert that such violence (like practically all violence) is an abuse of people’s human rights and that the victims of such abuses need more protection and help from state agencies. We call on all paramilitary organisations to desist from their violence and on all political parties to work towards its complete elimination from our society. Early in 2003-2004 we will be publishing a report on Human Rights and Victims of Violence. 3 The use of plastic baton rounds The Commission wishes to see greater attention paid to the need to find a replacement for the baton round, or plastic bullet. We are disturbed at the guidelines used by the army when firing this weapon and we believe that the “new” baton round, in use since June 2001, is no safer than its predecessor. There have, of course, been many incidents of public disorder during the year, and we recognise the right of members of the security forces to be protected from attack, but we do not think the present baton round is the appropriate weapon for such circumstances. 3 4 Children’s rights There has not yet been an adequate response to the Commission’s expression of concerns, in its report entitled In Our Care, about the needs of children in custody. We are still awaiting the closure of Lisnevin Juvenile Justice Centre. The rights of children while they are at, or travelling to or from, school are still not wholly protected, as the Holy Cross dispute has shown, and there is still no law effectively preventing physical assaults on children in the home. We await with interest the appointment of a Commissioner for Children and Young People. 5 The Bill of Rights project We are continuing to build support for a Bill of Rights for Northern Ireland but have been disappointed at the lack of collective cross-party involvement in the project. The development of our advice to the Secretary of State has taken longer than originally planned, mainly because we have been trying to create a political consensus within Northern Ireland first. A lack of resources has hampered our work to some extent in this regard. 6 The Commission’s powers The Commission remains deeply dissatisfied at the government’s failure to accord to the Commission the full range of powers which nearly every other Human Rights Commission around the world enjoys (including the Irish Commission). We are firmly of the view that we cannot properly perform our functions, especially our investigative and research functions, unless we can, for instance, compel the production of information from anyone we approach. We can understand why some members of the public might believe we are a toothless tiger in the absence of such power. Brice Dickson Chief Commissioner July 2003 4 CONTENTS Chief Commissioner’s Foreword 3 Introduction to the Commission 6 Core Values 9 Mission Statement, International Standards and Scrutiny 10 Human Rights Review of the Year 13 The Commission’s Commitment to Equality 21 The Bill of Rights Project 24 Legislation and Policy 28 Casework 30 Education 33 Investigations and Research 35 Victims 38 The Joint Committee 40 International Work 42 Information 45 Appendices: 1 The Commission’s Committees as of 31 March 2003 49 2 The Commission’s staff, interns and volunteers 2002-2003 50 3 A selection of international standards on human rights 52 4 Criteria for work on cases and on legislative and policy initiatives 54 5 The Commission’s publications and submissions 2002-2003 59 6 The Belfast Declaration on economic and social rights 63 INTRODUCTION TO THE COMMISSION This is the fourth Annual Report of the Northern Ireland Human Rights Commission, a body established on 1 March 1999 under section 68 of the Northern Ireland Act 1998. The report covers the period 1 April 2002 to 31 March 2003. The Secretary of State for Northern Ireland is under a statutory duty to lay it before Parliament at Westminster. The Commission is not directly answerable to the Northern Ireland Assembly (which was suspended on 14 October 2002 and remains so as this document goes to press), but copies of the report will be sent to all persons who were Members of that Assembly at the date of suspension. The Commission receives its funding out applications for appointment had not been of general taxation, allocated by the started by the Northern Ireland Office. Secretary of State out of the money One of the consequences of the voted by Parliament to the Northern resignations was that the Commission was Ireland Office, and its members are left with only three female Commissioners. appointed (after an open selection This makes it difficult to ensure that the committees of the Commission are as process) by that officer of state. gender-balanced as they should be. Otherwise the Commission is completely independent of the UK government The two Commissioners who resigned machine. Indeed a large part of its work cited concerns over the strategic direction consists in critiquing the activities of the of the Commission and, in one case, the government. In virtually all respects the risk that the Commission’s work on a Bill Commission has the features required of of Rights might further polarise a national human rights institution by the communities in Northern Ireland. The General Assembly of the United Nations; remaining Commissioners bore these these were set out in the so-called Paris concerns in mind as they continued to Principles in 1993. consider the Commission’s new Strategic Plan for 2003-2006 (a draft of which had been widely circulated for consultation in THE COMMISSIONERS May 2002) and Phase 3 of its Bill of Rights Project (see pages 24-27 below). At the start of the year there were 13 Commissioners in post, but on 9 Pen pictures of all 13 Commissioners who September 2002 two Commissioners served during the year are set out on the resigned. By the end of the year no next page and an indication is given of replacement Commissioner had yet been the number of full Commission meetings appointed. Indeed the process for seeking they were able to attend out of the 15 during the year. 6 Chief Commissioner Professor Brice Dickson, on secondment from his position as professor of law at the University of Ulster at Jordanstown. Appointed until 28 February 2005. Attended 15 meetings. Commissioners Professor Christine Bell, professor of law at Magee College, University of Ulster. Appointed until 29 February 2004. Resigned 9 September 2002. Attended seven meetings. Mrs Margaret-Ann Dinsmore QC, a practising barrister. Appointed until 28 February 2005. Attended seven meetings. Mr Tom Donnelly MBE JP DL, an early-retired businessman, formerly NI Area Business Manager for Proton Cars (UK) Ltd from 1998 to 2000. Appointed until 28 February 2005. Attended 13 meetings. Lady Christine Eames, formerly World President of the Mothers’ Union from 1995 to 2000. Appointed until 30 November 2004. Attended 14 meetings. Reverend Harold Good OBE, a Methodist minister and President of the Methodist Church in Ireland from 2001 to 2002. Appointed until 29 February 2004. Attended nine meetings. Professor Tom Hadden, professor of law at the Queen’s University of Belfast. Appointed until 28 February 2005. Attended 15 meetings. 7 Ms Patricia Kelly, Director of the Children’s Law Centre in Belfast. Appointed until 28 February 2005. Attended nine meetings. Dr Inez McCormack, Regional Secretary of the trade union UNISON and President of the Irish Congress of Trade Unions from 1999 to 2001. Appointed until 29 February 2004. Resigned 9 September 2002. Attended six meetings. Dr Christopher McGimpsey, a businessman and Ulster Unionist Party councillor on Belfast City Council. Appointed until 30 November 2004. Attended nine meetings. Mr Frank McGuinness, Northern Ireland Director of the charity Trócaire from 1995 to 2002. Appointed until 29 February 2004. Attended 12 meetings. Mr Kevin McLaughlin, Regional Development Manager of Leonard Cheshire in Northern Ireland from 1999 to 2002, a member of the Civic Forum and a freelance trainer and consultant on disability issues.

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