Northern Ireland Human Rights Commission
The Northern Ireland Human Rights Commission is a non-departmental public body funded through the Northern Ireland Office but operating independently of government as the national human rights institution for Northern Ireland. It came into existence on 1 March 1999, having been created by the Parliament of the United Kingdom through section 68 of the Northern Ireland Act 1998, in compliance with a commitment made by the UK Government in the Belfast (Good Friday) Agreement of 10 April 1998. Its powers were amended by the Justice and Security (Northern Ireland) Act 2007.
The Commission broadly succeeded the Standing Advisory Commission on Human Rights, which was largely ineffective, with SACR demanding, and failing to receive new powers up until its replacement.
Functions
The commission's role is to promote awareness of the importance of human rights in Northern Ireland, to review existing law and practice and to advise the Secretary of State for Northern Ireland and the Executive Committee of the Northern Ireland Assembly on what legislative or other measures ought to be taken to protect human rights in Northern Ireland.In addition, the commission is able to conduct investigations, enter places of detention, and to compel individuals and agencies to give oral testimony or to produce documents. The commission also has the power to assist individuals when they are bringing court proceedings, to intervene in proceedings and to bring court proceedings itself. It receives enquiries from people who believe that their human rights have been violated, and provides training and information on human rights.
It was also specifically charged with advising on the scope for a bill of rights to supplement the European Convention on Human Rights.
The commission is required to maintain a joint committee with the former Irish Human Rights Commission created to fulfil the same role in the Republic of Ireland.
Potential further functions
Many of the initial members of the Commission felt that it did not have enough powers to effectively fulfil its mandate. Some powers they wished to gain include:- Investigatory powers
- Compel people or organizations to testify
- Compel people or organizations to produce documents.
History
The third Chief Commissioner, Professor Michael O'Flaherty, took office on 19 September 2011, following the early departure on 31 August of Monica McWilliams, who had succeeded the first holder of the office, Professor Brice Dickson, in 2005. There is a variable number of part-time commissioners. The term of office is also variable: up to five years for the Chief Commissioner, and up to three years for other Commissioners. Until 2011, the norm was to offer three-year appointments and to offer a second term. Professor O'Flaherty's appointment was announced in July 2011. He was to serve for five years and the Commissioners for three.In relation to its mandate to advise on a Bill of Rights, the Commission conducted a very extensive public consultation exercise during Dickson's term as Chief Commissioner. It handed over a draft report to the McWilliams Commission, which engaged in three further years of discussion before producing its report in December 2008 and presenting it to the Secretary of State. From December 2009 to 31 March 2010 the Northern Ireland Office conducted a public consultation on its response to the commission's recommendations, most of which were firmly rejected by the government. The Commission continues to campaign for enactment of a comprehensive Bill but the change of government following the 2010 general election made such an outcome very unlikely.
In August 2010 it was announced that, with effect from April 2013, the commission's budget was to be cut by 25 per cent. McWilliams, who had been reappointed for a four-year term ending in August 2012, announced that she would depart a year early, when the term of the part-time Commissioners ended. The Commission subsequently underwent a restructuring, losing two of its four management posts in July 2011; other staff posts have since been vacated and the organisation is expected to shrink further as a result of budget cuts.
International status
Although it operates at sub-national level, the NIHRC was in 2001 recognised as a member of the worldwide network of national human rights institutions, securing "B status" accreditation from the International Co-ordinating Committee of NHRIs, and full or "A status" accreditation in 2006. The Commission thus gained enhanced access to the Human Rights Council, treaty bodies and other United Nations human rights bodies. The NIHRC was the first NHRI in the UK, but following the creation of the Scottish Human Rights Commission and the Equality and Human Rights Commission, both now ICC-accredited, the three bodies share representation and voting rights in the ICC and its regional network, the European Group of NHRIs.The NIHRC has since 1999 engaged in parallel reporting at almost every UK periodic examination under the UN and was designated as part of the United Kingdom's independent mechanism for promoting, monitoring and protecting implementation in the state of the United Nations Convention on the Rights of Persons with Disabilities. It shared that role with the other two NHRIs in the UK – the EHRC and SHRC – and a fourth body, the Equality Commission for Northern Ireland. Since the 2011 restructuring, which resulted in the departure of staff with disability expertise, the NIHRC has ceased work on the CRPD and the ECNI has in effect become the sole element of the independent mechanism in Northern Ireland.
The NIHRC's ICC accreditation was reviewed in May 2011, and the recommendation for renewed A status became effective in July.