FREQUENTLY ASKED QUESTIONS (FAQ) One of the key objectives of the Belfast (Good Friday) Agreement of 1998 was the protection of the basic human rights of everyone in Northern Ireland. Under the Agreement the Northern Ireland Human Rights Commission (NIHRC) was given the duty to consult and advise the Secretary of State on the human rights people would like to see in a Bill of Rights for Northern Ireland. The rights in the Bill of Rights are to be additional to those in the European Convention on Human Rights (ECHR) and reflect the particular circumstances of Northern Ireland. The rights must also respect the identity and ethos of “both” (the main) communities and the right not to be discriminated against (which would apply to people from all communities). What is a Bill of Rights? A Bill of Rights is an agreement between a state or country and its people which pledges the government to protect the rights of all living in that country. Many countries have their own Bill of Rights, and people throughout Europe are also protected by the European Convention on Human Rights (ECHR). Bills of rights usually take the form of a list of the rights everyone is entitled to enjoy, no matter who they are or what their background. A bill of rights may be included in a country’s constitution and the rights and responsibilities it contains can be enforced in local courts. Examples of other bills of rights include the USA, Canada, India, Ireland, and South Africa. All are a bit different, reflecting the times they were formed and the issues that were felt to be most important for their people. The purpose of a bill of rights is to guarantee the relationship between the state and the people. This may mean setting limits to the power of the government and public authorities to control our lives. Why is a Bill of Rights important? While a bill of rights can not solve all problems, it has a special place in a country’s laws, forming a kind of higher or constitutional law, which is a statement of the values the people of that country hold dear. A bill of rights is a standard against which a government should be judges on how it treats its people. Usually a bill of rights is legally enforceable, meaning the rights and freedoms contained in them are more than an aspiration (wish) – they can and should become a reality. All laws, policies, and actions of government would have to comply with (meet the standards of) the Bill of Rights for Northern Ireland. A person whose rights were denied could take a case to court and get a remedy (a solution, such as recognition that promises have been broken, compensation or a change to the law). Where there are still difficult issues to be resolved in a society coming out of a conflict in which many people’s human rights were denied or abused, a Bill of Rights for Northern Ireland could be an important step towards lasting peace. The rights in the Bill of Rights would belong to all the people, whether from a Protestant or Catholic background, as well as to people from different religious or ethnic backgrounds. The Bill of Rights would be a kind of higher law. Everyone would have to be treated equally and fairly as regards the rights in the Bill of Rights. The Bill of Rights would back up the ordinary laws on equality, justice, administration and so forth. What must the Bill of Rights contain? The Northern Ireland Human Rights Commission is required by the Agreement and by the Northern Ireland Act 1998 to consult and to advise the Secretary of State on “the scope for defining, in Westminster legislation, rights supplementary to those in the European Convention on Human Rights, to reflect the particular circumstances of Northern Ireland, drawing as appropriate on international instruments and experience.” These additional rights are “to reflect the principles of mutual respect for the identity and ethos of both communities and parity of esteem, and – taken together with the ECHR – to constitute a Bill of Rights for Northern Ireland.” The Commission is also to consider whether and how to formulate (word, set out): (1) a general obligation on Government and public bodies fully to respect, on the basis of equality of treatment, the identity and ethos of both communities in Northern Ireland, and (2) rights not to be discriminated against and (rights) to equality of opportunity in both the public and private sectors. This wording is rather complicated but means (unofficial summary): - The Bill of Rights must be enacted through the Westminster Parliament. - It will contain additional rights to those already protected in the European Convention (ECHR). - The ECHR and the additional rights will together make up the Bill of Rights for Northern Ireland. - The additional rights should be relevant to the particular circumstances of Northern Ireland. - The Bill of Rights should balance the rights of both (the main) communities and guarantee the rights of all people (including minority communities) to be free from discrimination. Why are extra rights needed? The ECHR protects mainly civil and political rights, most of which are enforceable in Northern Ireland under the Human Rights Act. However there are some rights – such as economic, social, cultural and environmental rights – that are not covered by the ECHR. Many new human rights treaties – such as the Convention on the Rights of the Child, CEDAW, the women’s rights convention, and various European documents – that have been passed since the ECHR. Additional rights may be needed in a society coming out of conflict or divided, such as Northern Ireland – such as rights for victims or additional criminal justice safeguards. The rights of “both” (main) communities must be respected equally; and protection for minority ethnic communities is vital. New communities have come to Northern Ireland since the Agreement – their rights also need to be protected; e.g. additional language or employment rights, protection for refugees or from trafficking. New equality legislation has been passed and more is expected. A Bill of Rights has to be flexible and look to the future. What work has the Commission done on a Bill of Rights? The Commission consulted widely in several phases from March 2000 to 2004, including with children and young people, on what rights should be in a Bill of Rights for Northern Ireland. We published a number of consultation documents and information materials, organised public events and conferences, and carried out training and education on what a Bill of Rights could include.  It met hundreds of groups and individuals, received over 650 formal responses, considered these carefully and published draft advice and reported on progress towards a Bill of Rights. Many of these documents can be viewed on this website and on the Commission's main website: www.nihrc.org How will the Bill of Rights become law? The Bill of Rights is not yet law; however after some delay progress is at last being made. Any law bringing in a Bill of Rights for Northern Ireland will have to be enacted by the Westminster Parliament; that is, a law must be passed by Parliament to bring in a Bill of Rights. The legislation is expected to go through the usual parliamentary processes before becoming law. This means that there may be further opportunities to comment or lobby at different stages of the legislation. The Bill of Rights itself may come into effect a year or two after the legislation is passed. What about the detail? There are debates about how detailed a Bill of Rights should be. If framed in a way that is too specific, it may be hard to change or to interpret (given meaning by the courts) in a generous way. If the Bill itself is a short set of general principles, that may leave room for creative interpretation by judges, as in South Africa. On the other hand, more detail may be needed in order to make clear what protection is offered. What is the Bill of Rights Forum? All parties have at one time or another said they support the idea of a Bill of Rights. The parties will have some differences about the what should be in the Bill of Rights, but have expressed willingness to work together on a Bill of Rights for Northern Ireland. In 2006 all the Northern Ireland political parties agreed that Bill of Rights for Northern Ireland was desirable. The Government made a commitment at the end of the St. Andrew’s discussions to set up a Bill of Rights Forum by the end of 2006. After a brief consultation period the government concluded that the Forum should consist of 28 members - 14 politicians from the main political parties and 14 representatives of ‘civic society’ - employers, trade unions, churches, human rights groups, women, young people, old people, disabled people, ethnic minorities, people of all sexual orientations. The inaugural (first) meeting was held in December 2006, chaired by Minister David Hansen. In March 2007 an independent Chair was appointed; Australian Lawyer and human rights expert Chris Sidoti. The Commission has long supported the idea of such a forum (previously referred to as a “Roundtable”) and welcomes its establishment and the appointment of the independent Chair. The Forum’s work will inform the Northern Ireland Human Rights Commission as it fulfils its statutory duty to provide advice to the Secretary of State on the scope for defining, in Westminster legislation, rights supplementary to those in the European Convention on Human Rights reflecting the particular circumstances of Northern Ireland. What is the likely timescale for the Bill of Rights? The Forum produced its final report at the end of March 2008, and has submitted its recommendations to the Human Rights Commission. The Commission now hopes to complete its final advice to the Secretary of State by the end of 2008. He (or she) will then, it is hoped, pass the advice as it stands to the Westminster Parliament, hopefully during 2009. The legislation bringing in the Bill of Rights for Northern Ireland is expected to go through the usual steps in Parliament, giving further opportunities to comment. The Northern Ireland Assembly, if still operating at the time, may also be asked for its views on the Bill of Rights for Northern Ireland. The idea is that the more consensus and agreement there is about what is needed the more likely it is that a strong Bill of Rights reflecting the views of people in Northern Ireland will be passed. What does a Bill of Rights offer the people of Northern Ireland? The proposed Bill of Rights will strengthen the protection for the human rights of everyone in Northern Ireland. It will do this because a Bill of Rights works at a level of principle, setting human rights standards which every law, policy and practice of government should live up to. If your rights are denied by a public body (and depending on the content of the Bill of Rights, by others) you may be able to go to courts and tribunals to have your rights vindicated. At the moment the only human rights treaty that can be enforced in the courts here is the European Convention on Human Rights, through the Human Rights Act 1998. But this, while very important, does not cover the range of rights that might be needed in Northern Ireland. It covers mostly civil and political rights; however social, economic and environmental rights are equally important and indeed all kinds of rights have to work together to provide protection for the dignity of human beings. The Bill of Rights is to be made up of: - the rights in the European Convention on Human Rights, which has now been incorporated into UK law through the Human Rights Act, and which are legally enforceable in our courts. These are mostly civil and political rights like the right to life (which includes health); freedom from torture, degrading treatment or punishment; freedom of speech any peaceful assembly (within limits); freedom of thought, religion and conscience; the right to free elections, to marry, to join a trade union, not to have your property, privacy or family life interfered with except by law, and so forth - the kind of rights you might take for granted but crucial in a democracy; AND - additional rights not covered by the European Convention, but of special concern in Northern Ireland. The Commission has looked at various areas where increased protections or guarantees of rights might be needed, and could be included in a Bill of Rights for Northern Ireland – including equality rights; education rights; language rights (including rights for sign language users); children’s rights; cultural rights; social, economic and environmental rights (for example basic rights to shelter or a clean safe environment) in the areas of health, employment and housing, rights to information); victims’ rights; criminal justice rights; women’s rights; and the rights of disabled people and carers. It has considered the views of many groups who have argued for their rights to be spelled out in the Bill of Rights. Both the United Kingdom and the Irish Republic have signed up to a wide range of international human rights agreements. But most of these cannot be relied on in our courts; that is, you could not take a case if your rights are denied. Bills of Rights, however, are generally enforceable in court. Human rights agreements - like the UN Convention on the Rights of the Child, the draft EU Charter of Fundamental Rights, and the new UN Convention on the Rights of Disabled Persons, are powerful instruments of change – but they are often enforced through treaty monitoring bodies like the UN Committee on the Rights of the Child, to which the UK must report regularly. They can and should influence how we do things, but you would not be able to take a case to court if the rights they contain are breached. The Commission has taken many such instruments into account in making its draft proposals. Two booklets produced by the Human Rights Consortium - a forum of over 100 community and voluntary organisations, trades unions, and faith groups working for a strong inclusive Bill of Rights – which address this issue from an NGO point of view. The first is “A Bill of Rights: What it means to us” and is a report of a debate at Stormont held in 2003 between non-governmental organisations (NGOs) and representatives from a range of political parties.  It explains what having enforceable social and economic rights would mean for people. The other publication is more personal: “A Bill of Rights: what it means to me” and describes how a Bill of Rights could make a practical difference to people in need. Both can be obtained from the Consortium by phoning 028 9096 1128. How can I get involved? The Human Rights Commission’s consultation process is now over; however there is still much to do to raise awareness of the value of a Bill of Rights for Northern Ireland. The Human Rights Consortium is a group of over 100 non-governmental organisations (NGOs) formed in 2000 to work for a strong, comprehensive Bill of Rights for Northern Ireland. For further information phone 028 9026 1128. Keep an eye on the Northern Ireland Office website for details of how government are proceeding on this work and keep checking on developments on this website.  For any queries, please contact us. 31 March 2008