THE GOVERNMENT has been asked some hard questions by United Nations representatives in Geneva about the level of its commitment to the enforcement of human rights and its answers have disappointed.
It would appear we have little difficulty in promising to apply the highest standards of civil and political rights in this jurisdiction, but fall down when it comes to their enforcement. The past two days have exposed shortcomings at the heart of our human rights programme.
Ireland signed the International Covenant on Civil and Political Rights in 1989 and the United Nations Human Rights Committee questions member states every five years on the progress that has been made in implementing its provisions. It is assisted in that task by the submission of so-called shadow reports by local human rights groups that draw attention to inadequacies and failures in the treatment of vulnerable people. And, on this occasion, the Irish Human Rights Commission (IHRC) also made observations.
The "extraordinary rendition" of terrorist suspects by the US Central Intelligence Agency, prison conditions, the treatment of immigrants, a failure to protect women from domestic violence and continuing use of the Special Criminal Court all figured negatively in the questioning of the Attorney General Paul Gallagher by UN representatives. The shortcomings and failings explored should come as no surprise. But the fact the Government has been required to deal with these issues before a prestigious, international body and in the full glare of publicity may encourage corrective action.
In spite of such shortcomings, progress has been made during the past five years in advancing a broad civil rights agenda. The European Convention on Human Rights has been ratified and legislation on equality, disabilities, special needs and racism has taken effect. In addition, an Ombudsman for Children has been appointed plus a Human Rights Commission and a Garda Ombudsman Commission. These are welcome but they do not obviate the need for further reforms.
The Government's failure to deal robustly with the issue of "extraordinary rendition" was of particular concern to the UN committee. Diplomatic assurance from the US that prisoners had not been moved through Shannon was not regarded as a "reasonable and appropriate" response, when local inspections could have been undertaken. Legislation that will permit the detention and immediate expulsion of illegal immigrants was questioned. And the need for non-jury criminal courts on the grounds of "credible threats" from dissident republicans and from organised crime was raised. Disturbances at Mountjoy Jail at the weekend emphasised just how volatile the prison situation has become. Promising a modern, expanded prison complex at Thornton Hall by 2012 is not an adequate response to the demeaning practice of requiring prisoners to "slop out" their cells, failing to provide remedial services and continuing to use jails as a dumping ground for mentally unfit offenders. This exercise emphasises the need for further human rights reforms.