Building a Human Rights Culture in a Political Democracy: The role of the Northern Ireland Human Rights Commission
by Colin Harvey
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". The relevant section merits full citation:
"The new Northern Ireland Human Rights Commission... will be invited to consult and to advise 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 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. Among the issues for consideration by the Commission will be: the formulation of 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 a clear formulation of the rights not to be discriminated against and to equality of opportunity in both the public and private sectors." |
