A. The Human Rights Unit at the Department of Foreign Affairs
1. Recommendations to the Government
a) Resources and training
b) Review of mechanisms
c) Setting human rights policy objectives
B. Recommendations addressed to Dáil Éireann (the Irish Parliament)
C. Recommendations concerning the ratification of additional human rights treaties
1. The UN Convention against Torture
2. The Convention on the Elimination of All Forms of Racial Discrimination
If the remit ascribed to the Human Rights Unit was well defined in terms of ensuring compliance in domestic policy, it was less so with regard to foreign policy. In its assessment of foreign policy, the Unit was limited to “reinforcing” an “existing” human rights culture in the Department of Foreign Affairs, with the formulation of human rights policy remaining the concern of individual Divisions and Sections within the Department.[4] This disparity is reflected in the mandates of the two Committees which operate under the auspices of the Human Rights Unit, one of which – the Standing Interdepartmental Committee on Human Rights – is concerned with domestic policy and the other – the Joint Department of Foreign Affairs / NGO Standing Committee on Human Rights – with foreign policy.
The Standing Interdepartmental Committee on Human Rights was established “to consider all aspects of Ireland’s international human rights obligations”[5] and was tasked with co-ordinating the preparation of state reports under international instruments and expediting legislation necessary for the ratification of human rights instruments. Its members include representatives from all operational Government Departments with the Head of the Human Rights Unit acting as Chair.
In mandating the Committee to consider all aspects of Ireland’s human rights obligations, a potential monitoring role was allocated to the Committee. However, the degree to which the Committee exercises this aspect of its mandate is difficult to ascertain as it does not produce any public reports.
The Joint Department of
Foreign Affairs / NGO Standing Committee on Human
Rights was established to facilitate a “formal
framework for a regular exchange of views between the Department and
representatives of the NGO
community”.[6] The views expressed at meetings of the
Committee are recorded, but the Committee’s terms of reference
do not specify what use should be made of the views expressed. The
Committee operates under “Chatham House Rules” and does not
produce any public reports. At the time of writing the Committee is
undergoing a review of its role and the purpose of it work.
Amnesty International supports the work of the Human Rights Unit of the Department of the Foreign Affairs and has welcomed the opportunity to contribute to the work of the Unit as a member of the Joint Department of Foreign Affairs/NGO Standing Committee on Human Rights. The following recommendations, aimed at enhancing the work of the Human Rights Unit and other mechanisms charged with the implementation of the Government’s human rights policy, are proposed in a spirit of co-operation.
i) Human
resources
Since its establishment in 1996, the Human Rights Unit at the Department of Foreign Affairs has been staffed by an average of three permanent and one or two temporary officers and no secretarial staff. Amnesty International considers this level of under-staffing to be unacceptable and has repeatedly called on the Government to take action in this regard.
This level of staffing pales in comparison
with similar structures in other EU member states: in Germany, ten
staff service the arbeitsstab
menschenrechte responsible
for the co-ordination of human rights policy within the German
Ministry of foreign
affairs;[7] in Sweden, ten staff work in the Division for
International Law and Human Rights at the Ministry for Foreign
Affairs;[8] and in the UK, twenty people work in the
Human Rights Policy Department of the Foreign and Commonwealth
Office.[9]
If the Unit is to continue to be called upon
to discharge the functions with which its is currently charged, it
will require a significant increase in the staff resources placed at
its disposal.
ii) Staff training
If the Government is serious about making
human rights a central concern of foreign policy it must ensure that
its civil servants are trained in human rights law. Amnesty
International recommends that all officials at the Department of
Foreign Affairs and civil servants in other Government Departments
working on human rights-related matters should receive training in
international human rights law. Amnesty International understands
that the Department of Foreign Affairs runs an ongoing programme of
training for junior diplomats and recommends that comprehensive human
rights training be integrated into the Department’s training
programme. Such training should include instruction on international
human rights standards, international organisations and the role of
NGOs.
b) Review of mechanisms
The White Paper on Foreign Policy, published in 1996, continues to serve as the source of the terms of reference of the Human Rights Unit and the two committees which operate under its aegis. This document requires updating to take into account developments over the past five years and the increased demands of new human rights commitments entered into by the State (including new conventions ratified by the State requiring the preparation of state reports).
Amnesty International recommends that updated terms of reference be drawn up and published, clearly defining the role of the Unit. This role should include:
As a member of this Committee, Amnesty International has contributed to the aforementioned ongoing review of the Committee’s work. In the context of this review Amnesty International believes that consideration should be given to the following issues:
In order to enhance the effectiveness of the Committee, both NGOs and the Government must increase their commitment to the work of the Committee. For their part, NGOs must clearly define their role on the Committee and dedicate time and resources to the preparation of the Committee’s work.
Amnesty International proposes the following recommendations concerning the operation of the Interdepartmental Committee:
The objectives of the Government’s human rights policy should be clearly defined and published. In its next Strategy Statement, the Department of Foreign Affairs should clearly identify both the primary objectives of the Government’s human rights policy and specific policy objectives, in order to facilitate a meaningful future review of the effectiveness of the Government’s human rights policy.
Amnesty International has called for the
publication of criteria setting out core human rights aspects which
must be integrated in the formulation of Government policy. While
recognising that the identification of criteria is difficult and that
it is impossible to treat human rights issues as columns on a
balance-sheet, Amnesty International believes that the Government
should publish criteria which make clear its specific human rights
objectives in respect of particular countries and thematic areas, as
well as its general aims. Criteria are essential for the development
of coherent and consistent policy and to ensure an objective and
non-selective approach to human rights issues.
ii) Strategy
papers
country strategy papers
Country strategy papers, identifying country
specific human rights policy, should be drawn up by regional desks in
consultation with Irish missions abroad and the Development
Co-operation Division of the Department of Foreign Affairs (DCD). The
drafting of such papers should be subject to the oversight of the
Human Rights Unit in order to ensure consistency in policy and
approach. While not an end in themselves, the production of such
papers could have the effect of more closely involving the Human
Rights Unit in the formulation of bilateral policy.
Each country paper should address a common set
of core issues. Amongst these should be the extent to which the
country concerned has ratified international human rights
instruments, the strategy the Government intends to adopt to achieve
the objective of full ratification and the extent to which the
country concerned is carrying out its obligations under instruments
which it has ratified.
international
organisation strategy papers
The Department of Foreign Affairs Strategy
Statement 1998-2000 and the White Paper on Foreign Policy of 1996
provide an account of the Government’s policy towards
intergovernmental organisations. These strategies should be kept
under review and updated to take account of developments. In
particular, Amnesty International recommends that the Government
publish a strategy paper relating to its membership of the UN
Security Council from 2001 to 2003.
Approaches taken to help prevent or remedy poor human rights situations in other countries will necessarily be developed according to circumstances. Strategies may include long-term engagement and dialogue. However, if a state fails to respond to such approaches, the Irish Government should be prepared to consider other methods, including public criticism of a state’s human rights record.
B
Recommendations
addressed to Dáil
Éireann[12]
The Joint Oireachtas Committee on Foreign
Affairs and the Joint Oireachtas Committee on Justice, Equality,
Defence and Women’s Rights are Committees of the Irish
Parliament charged with mandates to review Government policy. Among
their powers are the power to: send for persons, papers and records;
invite submissions; draft legislation and meet Ministers regarding
policy and legislation.
The Joint Oireachtas Committee on Foreign
Affairs enjoys a wide mandate which includes the right to consider:
matters of policy for which the Minister of Foreign Affairs is
responsible; the Strategy Statement of the Department of Foreign
Affairs and such aspects of Ireland’s international relations as
it may
select.[13] The Joint Oireachtas Committee on Justice,
Equality, Defence and Women’s Rights operates under a requisite
mandate in relation to matters falling within the competence of the
Department of Justice, Equality and Law Reform.
Amnesty International supports the work of
both Committees and has contributed to their work on many occasions.
The organisation believes that the inherent mandates of these
Committees could be exploited to a far greater extent and that they
could play a more significant role in monitoring the effectiveness of
the Government's human rights policy in preventing or remedying human
rights abuses.
In particular, Amnesty International invites
both Committees to consider publishing - either separately or jointly
- a report on their assessment of the effectiveness of the
Government's human rights policy. Such a report could take the form
of an annual report or a series of reports on specific aspects of
Government policy. In this connection, the Committees could examine
the model of the Foreign Affairs Select Committee of the United
Kingdom Parliament, which produced its first report on human rights
in
1998.[14]
C
Recommendations
concerning the ratification of additional human rights treaties
The implementing legislation necessary for the ratification of the UN Convention against Torture (CAT), namely the Criminal Justice (UN Convention against Torture) Act, 2000, came into force in June 2000. At the time of writing, Amnesty International understands that the Department of Justice, Equality and Law Reform will shortly submit a memorandum to Government, requesting approval for the ratification of the Convention. Amnesty International recommends that the Government proceed with the ratification of the CAT without delay.
2
The Convention on the Elimination of all Forms of Racial
Discrimination
On 15 December 2000, Dáil
Éireann approved the ratification of the Convention on the
Elimination of all Forms of Racial Discrimination (CERD). Amnesty
International understands that the instrument of ratification has
been submitted to the United Nations and that the Government will
announce the ratification of CERD shortly. Furthermore, Amnesty
International understands that the Government has submitted a
declaration of acceptance of Article 14 of the CERD which provides
individuals with the right to submit an individual complaint under
the Convention.
A list of the human rights treaties signed or
ratified by Ireland is available on the website of the Department of
Foreign Affairs at: http://www.irlgov.ie/iveagh
[1] The National Parliament (Oireachtas) consists of the President and two Houses: Dáil Éireann (House of Representatives) and Seanad Éireann (The Senate).
[2] Government of Ireland, The White Paper on Foreign Policy “Challenges and Opportunities Abroad”, 1996, at 8.67.
[7] Information received by Amnesty International in November 2000.
[8] Information received by Amnesty International in November 2000.
[9] House of Commons Foreign Affairs Committee, First Report 1998.
[10] For further information consult the website of the Advisory Council on International Affairs at http://www.aiv-advice.nl
[11]
For instance, a Human Rights Unit was established in the
Department of Justice, Equality and Law Reform to implement aspects
of the Good Friday Agreement, including possible incorporation of the
ECHR and the establishment of the Human Rights Commission in Ireland.
[12] The National Parliament (Oireachtas) consists of the President and two Houses: Dáil Éireann (House of Representatives) and Seanad Éireann (The Senate).
[13] Terms of Reference of the Joint Oireachtas Committee on Foreign Affairs. See http://www.irlgov.ie/oireachtas
[14] The Select Committee on Foreign Affairs, First Report on Human Rights; December 1998, see http://www.publications.parliament.uk