Building
a Human Rights Culture in a Political Democracy: The role of the Northern
Ireland Human Rights Commission
by Colin Harvey
From: Human Rights, Equality and Democratic Renewal in Northern Ireland
edited by Colin Harvey
Hart Publishing 2001
A Bill of Rights for Northern Ireland
The Human Rights Commission has placed significant weight on the importance
of drafting a Bill of Rights for Northern Ireland. The adoption of a Bill
of Rights would be a good signal of the fresh start brought about by the
Agreement. There has been discussion of a Bill of Rights for Northern Ireland
for some time.1 It was recommended as an appropriate response by a number
of bodies in the past. While there appears to have been widespread consensus
among the political parties on the need for such an instrument, it never
materialised in practice. There are a variety of reasons for this. The most
convincing explanation is that the British government was opposed to it.
The Conservative government was not as open to the discourse of human rights
and equality as the Labour government which came to power in May 1997. In
addition, there was a belief that a Bill of Rights might have to await a
constitutional settlement for Northern Ireland.
One of the more important functions of the Commission is its work on a Bill
of Rights for Northern Ireland. The Bill of Rights exercise follows the
conclusion of a constitutional settlement for Northern Ireland. It is from
this settlement, and thus the Agreement, that the exercise derives its legitimacy.
A vote for the Agreement can be read as consent for the adoption of a Bill
of Rights. It is the content and form that this should take which is to
be decided. The Agreement does not spell out precisely which rights should
be included. An understanding of the nature of the Agreement is thus essential
to consideration of the Bill of Rights exercise. The Agreement is a complex
framework which attempts to accord due recognition to the bi-national nature
of the conflict in Northern Ireland. It is a rejection of one form of majoritarian
democracy and has been described as a consociational settlement. Although
recognising the importance of the identity and ethos of the two main communities,
it does not sanction action or behaviour which would undermine the principle
of democratic inclusion upon which the whole edifice is based. In this sense
the consociational and human rights elements perhaps do not conflict as
directly as is sometimes thought.
The emphasis in the Agreement is on new beginnings and a fresh start. In
moving away from the past this section suggests a fresh start with the "vindication of the human rights of all" as a major part of this. To what extent should
the Bill of Rights be seen as part of this new beginning and fresh start?
It might be suggested that an unduly narrow approach would not reflect this
particular commitment. Other aspects of the Agreement are not so clear on
this. The fact that the new constitutional structures reflect the divided
nature of Northern Ireland is understandable, given the history of discrimination
and exclusion. These sections of the Agreement attempt to ensure that all
sections of the community can effectively participate in the governance
of Northern Ireland. Human rights guarantees are one way to guarantee that
impediments to full participation in the polity are removed and that one
group is not permitted to dominate others. The structures created place
great weight on securing trust between the two main political communities.
Reference to the Bill of Rights is included in the section on "Rights, Safeguards and Equality of Opportunity". On human rights the parties to the Agreement
affirm the importance of the following rights: the right of free political
thought; the right to freedom and expression of religion; the right to pursue,
democratically, national and political aspirations; the right to seek constitutional
change by peaceful and legitimate means; the right to freely choose one's
place of residence; the right to equal opportunity in all social and economic
activity, regardless of class, creed, disability, gender or ethnicity; the
right to freedom from sectarian harassment; and the right of women to full
and equal political participation. The Bill of Rights for Northern Ireland
is mentioned under the heading "United Kingdom Legislation". |
