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14 July 2000
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Human Rights Committee
69th Session
14 July 2000
Morning
An official delegation from Ireland told the Human Rights Committee this morning that Ireland did not deport asylum-seekers to countries where their lives were at risk, adding that any act of deportation could be challenged in the High Court before it was executed.
In response to questions raised by Committee experts as they continued their consideration of the report of Ireland, members of the Irish delegation affirmed that the only circumstances under which an asylum-seeker was detained was if he or she was found to be a threat to the security of others. Asylum-seekers arriving in Ireland were not detained or sent to detention centres.
Committee experts also raised a number of questions pertaining to the dualist system of the Irish law, which did not allow the incorporation of the International Covenant on Civil and Political Rights; on the constitution of the human rights commission; on the conditions of states of emergency; and on the situation of Travellers, among other things.
The second periodic report of Ireland was introduced yesterday afternoon by a nine-member Government delegation. The officials, led by Michael McDowell, Attorney-General of Ireland, are on hand throughout the meetings to answer questions raised by Committee members.
As one of the 145 States parties to the Covenant, Ireland is obliged to submit periodic reports to the Committee on its performance to implement the terms of the treaty.
When the Committee reconvenes at 3 p.m., it will first conclude its consideration of the report of Ireland before discussing draft general comments pertaining to articles of the Covenant.
Discussion
At the beginning of the meeting, Committee experts continued to raise questions on various issues relating to the contents of the report. An expert asked whether there was a law which prohibited judges from invoking the provisions of the Covenant. Because of the dualist nature of the Irish legislative system, the Covenant was not incorporated into domestic law. If that was the case, was there a law which prohibited its incorporation in the Constitution?
Another expert was of the view that the Constitution of Ireland itself should be reformed to allow the incorporation of the Covenant. Quoting the delegation as saying that at the heart of the Irish Constitution existed a system of fundamental rights, the expert said it should also contain all the rights enshrined in the Covenant by fully incorporating them by a constitutional act.
One expert asked if abortion could be permitted. The delegation replied that Irish Laws still did not permit abortion in case of rape and prohibited abortion for purposes of family planning.
In response to oral questions raised by Committee experts this morning and yesterday afternoon, the members of the delegation said that issues pertaining to the Constitution had to be approved by a referendum and not simply by parliament. The concept of "popular sovereignty" was being exercised by the population by participating in constitutional matters through referenda. However, parliament could approve or reject any international conventions entered into by the Government. The Supreme Court could also reject any conventions which were not in conformity with the spirit of the country's Constitution.
The human rights commission, which would be established in the near future, would reflect the wishes of the Irish people, the delegation said. The composition of the commission would also reflect the society and would follow the principles of the Paris agreement on the establishment of human rights commissions. The capabilities and experiences of the members would be closely scrutinized by the authorities. Once established, the commission would be independent.
Citizens who were victims of police violence could lodge complaints against the State and could seek compensation by initiating civil proceedings, the delegation said. The complaints board could also carry out investigations upon receiving complaints.
The 1976 state of emergency act was part of history, the delegation said. However, the Constitution did not time-limit emergencies declared under article 28. The constitutional review group had recommended that emergencies declared under article 28 should expire every three years unless renewed by parliament. It had also suggested that certain fundamental rights and liberties should be made immune from derogation under any emergency resolution and especially identified the rights guaranteed by the Covenant.
Irish police were essentially an unarmed force, with firearms carried only by police officers when it was absolutely necessary, the delegation said. The use of firearms was itself an uncommon occurrence, and where such use resulted in a fatality it was recognized by the police force, the Government and parliament as a matter of utmost seriousness. Only detectives and members of the special unit were allowed to carry arms.
Asked if corporate punishment was practised in Ireland, the delegation said teachers were not allowed to strike their pupils in schools. A law had also been enacted prohibiting corporal punishment in schools.
Ireland did not expel asylum-seekers to places where their lives were at risk, the delegation said. Any act of deportation could be challenged before the High Court before it was executed. The only circumstances under which an asylum-seeker was detained was if he or she was found to be a threat to the security of others. Asylum-seekers arriving in Ireland were not detained or sent to detention centres.
Responding to the remaining written questions, the Irish delegation said that there were a significant number of initiatives being undertaken to address the under-representation of women in public life and in senior positions in many areas of society. While Ireland now had its second consecutive female President, the representation of women in political life was still quite low, as in most other European Union countries.
The Child Trafficking and Pornography Act of 1998 had created new offences of trafficking in children for the purpose of their sexual exploitation, with penalties of up to life imprisonment, the delegation said. It had also outlawed the possession, production, distribution or sale of all forms child pornography in written or auditory form, including material produced or transmitted via the Internet, with penalties of up to 14 years imprisonment.
Irish law had never prohibited consensual sexual acts between adult females, the delegation said; since 1993, consensual sexual acts between adult males were legal so long as neither party was mentally impaired.
There were members of the minority religions in prominent positions in all of the major political parties, the judiciary, civil service and professional life in the country, the delegation said. In recent years, there had been a growth in the number of Muslims in Ireland and that had led to the building of a number of mosques and the opening of the first Muslim national school, paid out of State funds.
Referring to the situation of Travellers, the delegation said that much progress had taken place since the publication of a task force report in 1995 which established an administrative, legislative and financial framework for the provision of Travellers = accommodation to increase their participation in education and to improve their access to health services. However, the monitoring of progress had been difficult due to the lack of available data on Travellers = participation.
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69th Session
14 July 2000
Morning
An official delegation from Ireland told the Human Rights Committee this morning that Ireland did not deport asylum-seekers to countries where their lives were at risk, adding that any act of deportation could be challenged in the High Court before it was executed.
In response to questions raised by Committee experts as they continued their consideration of the report of Ireland, members of the Irish delegation affirmed that the only circumstances under which an asylum-seeker was detained was if he or she was found to be a threat to the security of others. Asylum-seekers arriving in Ireland were not detained or sent to detention centres.
Committee experts also raised a number of questions pertaining to the dualist system of the Irish law, which did not allow the incorporation of the International Covenant on Civil and Political Rights; on the constitution of the human rights commission; on the conditions of states of emergency; and on the situation of Travellers, among other things.
The second periodic report of Ireland was introduced yesterday afternoon by a nine-member Government delegation. The officials, led by Michael McDowell, Attorney-General of Ireland, are on hand throughout the meetings to answer questions raised by Committee members.
As one of the 145 States parties to the Covenant, Ireland is obliged to submit periodic reports to the Committee on its performance to implement the terms of the treaty.
When the Committee reconvenes at 3 p.m., it will first conclude its consideration of the report of Ireland before discussing draft general comments pertaining to articles of the Covenant.
Discussion
At the beginning of the meeting, Committee experts continued to raise questions on various issues relating to the contents of the report. An expert asked whether there was a law which prohibited judges from invoking the provisions of the Covenant. Because of the dualist nature of the Irish legislative system, the Covenant was not incorporated into domestic law. If that was the case, was there a law which prohibited its incorporation in the Constitution?
Another expert was of the view that the Constitution of Ireland itself should be reformed to allow the incorporation of the Covenant. Quoting the delegation as saying that at the heart of the Irish Constitution existed a system of fundamental rights, the expert said it should also contain all the rights enshrined in the Covenant by fully incorporating them by a constitutional act.
One expert asked if abortion could be permitted. The delegation replied that Irish Laws still did not permit abortion in case of rape and prohibited abortion for purposes of family planning.
In response to oral questions raised by Committee experts this morning and yesterday afternoon, the members of the delegation said that issues pertaining to the Constitution had to be approved by a referendum and not simply by parliament. The concept of "popular sovereignty" was being exercised by the population by participating in constitutional matters through referenda. However, parliament could approve or reject any international conventions entered into by the Government. The Supreme Court could also reject any conventions which were not in conformity with the spirit of the country's Constitution.
The human rights commission, which would be established in the near future, would reflect the wishes of the Irish people, the delegation said. The composition of the commission would also reflect the society and would follow the principles of the Paris agreement on the establishment of human rights commissions. The capabilities and experiences of the members would be closely scrutinized by the authorities. Once established, the commission would be independent.
Citizens who were victims of police violence could lodge complaints against the State and could seek compensation by initiating civil proceedings, the delegation said. The complaints board could also carry out investigations upon receiving complaints.
The 1976 state of emergency act was part of history, the delegation said. However, the Constitution did not time-limit emergencies declared under article 28. The constitutional review group had recommended that emergencies declared under article 28 should expire every three years unless renewed by parliament. It had also suggested that certain fundamental rights and liberties should be made immune from derogation under any emergency resolution and especially identified the rights guaranteed by the Covenant.
Irish police were essentially an unarmed force, with firearms carried only by police officers when it was absolutely necessary, the delegation said. The use of firearms was itself an uncommon occurrence, and where such use resulted in a fatality it was recognized by the police force, the Government and parliament as a matter of utmost seriousness. Only detectives and members of the special unit were allowed to carry arms.
Asked if corporate punishment was practised in Ireland, the delegation said teachers were not allowed to strike their pupils in schools. A law had also been enacted prohibiting corporal punishment in schools.
Ireland did not expel asylum-seekers to places where their lives were at risk, the delegation said. Any act of deportation could be challenged before the High Court before it was executed. The only circumstances under which an asylum-seeker was detained was if he or she was found to be a threat to the security of others. Asylum-seekers arriving in Ireland were not detained or sent to detention centres.
Responding to the remaining written questions, the Irish delegation said that there were a significant number of initiatives being undertaken to address the under-representation of women in public life and in senior positions in many areas of society. While Ireland now had its second consecutive female President, the representation of women in political life was still quite low, as in most other European Union countries.
The Child Trafficking and Pornography Act of 1998 had created new offences of trafficking in children for the purpose of their sexual exploitation, with penalties of up to life imprisonment, the delegation said. It had also outlawed the possession, production, distribution or sale of all forms child pornography in written or auditory form, including material produced or transmitted via the Internet, with penalties of up to 14 years imprisonment.
Irish law had never prohibited consensual sexual acts between adult females, the delegation said; since 1993, consensual sexual acts between adult males were legal so long as neither party was mentally impaired.
There were members of the minority religions in prominent positions in all of the major political parties, the judiciary, civil service and professional life in the country, the delegation said. In recent years, there had been a growth in the number of Muslims in Ireland and that had led to the building of a number of mosques and the opening of the first Muslim national school, paid out of State funds.
Referring to the situation of Travellers, the delegation said that much progress had taken place since the publication of a task force report in 1995 which established an administrative, legislative and financial framework for the provision of Travellers = accommodation to increase their participation in education and to improve their access to health services. However, the monitoring of progress had been difficult due to the lack of available data on Travellers = participation.
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