Irish Council for Civil Liberties Annual Report Breaking New Ground For Human Rights ICCL Annual Report 2013 01 ICCL founders, Irish President Mary Robinson and South African Minister Kader Asmal (1934-2011) in conversation with President Nelson Mandela (1918-2013) during an official visit by President Robinson to South Africa in the 1990s. Photo from Kader Asmal: Politics in my Blood - A Memoir by Kader Asmal and Adrian Hadland with Moira Levy, published by Jacuna Media in 2011 02 Breaking New Ground for Human Rights Contents Introduction Message from the Co-Chairs 02 Director’s Foreword 04 Our People 06 Our Work Fostering a Human Rights Culture 10 Promoting Justice 16 Securing Equality 22 Education & Outreach 28 Flagship Project 2013 34 Organisational Development 36 Publications And Events 40 Our Finances 46 ICCL Annual Report 2013 1 Message From The Co-Chairs 2 Breaking New Ground for Human Rights As you will see from this One of the very special things about delighted to welcome many of our funders annual report, 2013 was the ICCL is that it does not seek to the Gala Screening of the winning another good year for the Irish (and would not accept) Government films last Summer. Later in the year, our Council for Civil Liberties. funding. This is a great strength, annual dinner for the legal profession rendering the Council free to speak was addressed by the globally renowned Significant progress has been made truth to power, without the concern human rights expert, Professor Michael in a number of key areas, including that public funding might be withdrawn O’Flaherty, and also generated much- securing political commitments to as a result of its frankness. However, needed funds for the ICCL’s core work. end discrimination against same sex it also means that the ICCL is entirely couples, clarifying Ireland’s abortion reliant on your generosity as members, Another very positive financial laws and successfully advocating for which supplements our income from a development is that we have secured enhanced rights for people accused growing number of trusts, foundations a significant capital investment of crimes, and for their victims. and international organisations. pledge that will support the purchase of a new headquarters None of this would be possible without In last year’s annual report, we stressed for the ICCL in the near future. the very dedicated work of the ICCL’s the need for the ICCL to further diversify For the first time in the organisation’s core staff team to whom, as Co-Chairs, its funding base, and we are very pleased history, this will give the Council a we would like to express our gratitude to report that 2013 saw existing funding permanent, rent-free, home. We will for another year of very hard work. Our from the European Commission being be contacting you again shortly to let core team has been supplemented in consolidated, and new funding secured you know about the opportunities to various ways over the year, including by from donors including the Open Society make your own investment in this very an Open Society Justice Initiative (OSJI) Initiative for Europe (OSIFE) and the tangible aspect of the ICCL’s future. Fellow, expert consultants, academics, Ford Foundation. Our relationship contractors and interns. The ICCL is an with the American Ireland Funds has In less than two years time, the ICCL adaptive organisation, always ready to also developed and we are delighted will celebrate its 40th anniversary as increase its capacity to achieve greater that the Funds decided to invest in our Ireland’s independent human rights impact, without necessarily increasing innovative “Youthreach” project, greatly watchdog. We have made great the size of its permanent staff team. increasing its reach and impact in 2013. progress towards becoming a fully sustainable organisation, but we will “Youthreach” is only one of a number need your help to secure our future. of innovative education and outreach projects in which the ICCL has engaged Together, we can ensure that by during 2013. Our Human Rights Film 2016 the ICCL will have cemented Awards, Ireland’s only human rights its place in Ireland’s human rights themed short film competition, again and equality infrastructure. attracted very high-quality entries and produced an outstanding winner. The Niall Mulligan costs of the competition were entirely Siobhán Cummiskey met from “crowd sourced” contributions secured online through Fundit.ie. We were ICCL Annual Report 2013 3 Director’s Foreword 4 Breaking New Ground for Human Rights Sometimes it’s hard to recognize a Change too – although too little (and Beginning in January 2013, Ireland’s tenure paradigm shift when you’re living for women like Savita Halappanavar, on the Council will run until December through it, but I think we’ll look too late) – in the area of reproductive 2015. Our Human Rights Council Legacy back on 2013 as a fulcrum year: a justice. At the beginning of 2013, the Project, of which you can find details turning point for Ireland, at which ICCL appeared before the Oireachtas towards the end of this report, is tracking human rights and equality norms Health Committee to give expert legal the implementation of human rights became mainstream values. testimony on the Protection of Life During standards and UN recommendations here Pregnancy Bill, which, by July 2013, had in Ireland in a number of key impact areas. In April 2013, together with our valued become law. Ireland’s new abortion law You can find out more at www.rightsnow.ie partners Marriage Equality and GLEN is intended to give effect to the judgment (Gay and Lesbian Equality Network), we of the European Court of Human Rights 2013 was also a very strong year for the made the first of two appearances before in the case of A, B and C v Ireland. ICCL’s work in the area of criminal justice. the Convention on the Constitution, to However, the Act has yet to become fully The ICCL has long advocated for the right advocate jointly for the introduction of civil effective in practice and, even when it of access to a lawyer (including the right marriage equality for same sex couples. does, it will continue to prohibit access to have a lawyer present during Garda The outcome was a resounding vote to lawful terminations for women with questioning) as an essential component of (79%) in favour of constitutional change diagnoses of fatal foetal abnormalities, a fair criminal justice system. In Autumn to permit equal marriage. By November victims of rape and those whose health 2013, we were pleased to welcome the 2013, the Government had accepted is jeopardised by the continuation of adoption of new European Union law in the Convention’s recommendation, their pregnancies. Much more work is this area, a development for which the committed to preparatory legislation required in this area and the ICCL has ICCL has been campaigning through its and agreed to hold a referendum in highlighted the shortcomings in our pan-European JUSTICIA network. We 2015. Even better, Taoiseach Enda abortion law and practice to the Council anticipate that the Irish Government will Kenny TD joined the leaders of all other of Europe’s Committee of Ministers (which “opt in” to this new EU Directive in the political parties in pledging to campaign is supervising the execution of the A, B near future, bringing our law into harmony in favour of removing one of the last and C judgment) as well as to the UN’s with those of the majority of other EU bastions of official discrimination in Human Rights Committee (HRC) and the countries. We have also developed our Ireland. Changed days indeed. UN Committee Against Torture (UNCAT). work on the promotion of the human rights of victims, the indispensable Our second appearance before the Throughout 2013, the ICCL adopted counterpart to the protection of the Convention in 2013, to argue for the an holistic approach to its engagement procedural rights of accused persons. offence of blasphemy to be removed with UN human rights treaty monitoring from the Constitution, also carried processes. Our focus is not on any one Our activities in 2013 have kept the the day, with 61% of the Convention’s treaty process, but rather on highlighting ICCL at the cutting edge of profoundly members concurring with the ICCL’s the systemic human rights failings significant human rights and equality view that the blasphemy provision identified by a range of treaty bodies reforms. With your support, we will is a domestic irrelevance and an and the measures required to address continue to work towards our goal of international embarrassment. We await them. Significant work was invested an Ireland in which everyone’s human the Government’s official response to during 2013 in preparing for Ireland’s rights are protected and respected. the Convention’s recommendation to future hearings before the HRC and amend this vestige of a bygone age. the UNCAT, but also in identifying the Mark Kelly, Director domestic legacy that we expect to be delivered by Ireland’s current membership of the UN Human Rights Council. ICCL Annual Report 2013 5 Our People 6 Breaking New Ground for Human Rights The 2013 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 Elaine Dewhurst Frances Feeney Claire Hamilton Jonah Mudehwe Clare Naughton ICCL Annual Report 2013 7 The ICCL Staff The ICCL’s professional staff work Kizito Wahome joined the ICCL across three teams: Research and Policy, team in spring 2013 as a Film Awards Communications and Campaigns, intern, and joined the staff as support and Organisational Development administrator until November 2013.