Main Conference Hall
Dublin Castle
3 December 2013
It is my great pleasure to welcome you all here to Dublin Castle this morning. For many of you I am sure this is your first time in Ireland and I hope you are enjoying the experience.
Dublin Castle, from the 1100s to 1922 was the British seat of Government in Ireland. After the signing of the Anglo – Irish Treaty and the achievement of Irish Independence the Castle was ceremonially handed over to the newly formed Provisional Irish Government led by Michael Collins.
You will be also interested to know that many famous guests have stayed here including Nelson Mandela and Margaret Thatcher.
It is here in Dublin Castle where the former UN High Commissioner for Human Rights Mary Robinson was inaugurated as the seventh President of Ireland. So without doubt you are in a very supportive environment for your discussions over the coming days.
Of course, during Ireland’s recent Presidency of the Council of the European Union, Dublin Castle hosted many important events. Indeed during my term as Chair of the Justice and Home Affairs Council I ensured that issues relating to fundamental and human rights were to the forefront of our agenda.
At the start of our Presidency here in Dublin Castle, I tabled a paper for discussion on EU action to protect freedom of movement for EU Citizens and social integration by encouraging effective action and enhancing cooperation between justice systems in countering hate crime, racism, anti-Semitism, xenophobia and homophobia.
Ireland believes it is in all our national interests as EU Member States to recall the values on which the Union is founded and to make it work for all our people – even when the economic crisis seems to overwhelm our capacity to deal with anything else. Of course this does not only apply across the EU but in all nations.
In raising a topic that involves sensitive issues and, in some cases, difficult issues, I consciously set out an attempt to make a real contribution to the future of Europe by putting the renewal of the original European vision and mission at the centre of public discourse in the Union. It is a vision and mission inextricably bound up with ideas of freedom and democracy and promoting prosperity for and the fundamental rights of all. Its underlying theme is that of the equality of individuals and of respecting the common humanity of all, regardless of gender, race, religion, ethnic background or sexual orientation. It is about respecting and celebrating diversity and encouraging community integration as opposed to discriminating against and fearing those who are different and isolating them in Ghettos. It is about ensuring that Europe's present and future treatment of minorities and difference never replicates the terrible events that occurred on European soil in the past.
Recently there have been threats to the legal and democratic fabric in some Member States and serious concerns relating to the respect of the rule of law. This is why, during our Presidency, I took the opportunity to mandate the consideration of the development of a Rule of Law Initiative. I believe such an initiative should adopt an inclusive approach on the basis of consensus.
We must however also engage with a wider range of actors in developing awareness of the issues involved and the arguments for creation of such a mechanism. Emphasis needs to be placed on a holistic approach involving raising awareness of the benefit to the ordinary citizens of working together at EU level on these issues. While it is important to examine the need for effective corrective measures in crisis situations, it is also useful to focus on the positive elements of the process, such as the benefit of working together and learning from each other, building on our universal shared values, the treatment of all member states on an equal basis, and the involvement of National Human Rights Institutions and civil society in the process along with the relevant national and EU institutions.
Mutual trust in the Rule of Law and the effective functioning of justice institutions is vital for economic stability and growth. However, the focus on economic benefits should not dilute the emphasis on fundamental and universal values and principles as the primary reason for seeking to work together to better protect fundamental rights and promote the Rule of Law within the Union.
We also considered accusations that there are double standards in how the EU raises human rights issues with countries in our neighbourhood and beyond. This question of coherence as between the internal and external dimensions was also to the forefront of our thinking in raising this issue during our Presidency. This is an issue on which I am sure many of you here today have strong views and something I will continue to address at an EU level.
Across the world we need effective legislation and institutions to address issues of human rights abuses and ensure that human rights defenders are protected at all times. We must also, in a global context, not differ in the standards we believe all countries should meet nor selectively pillory the behaviour of some for reasons of political expediency whilst ignoring the human right abuses of others. We should also recognise that legislation on its own is not enough. We need effective implementation. We also need to address extreme forms of intolerance as social phenomena and to put ‘softer’ interventions in place to promote acceptance of diversity and tolerance of others. In this, positive example by politicians and others such as you in a position of leadership in public life is of critical importance. Events such as this conference will play an important part in highlighting best practice in the influential field of human rights education and training.
Recently I attended a conference in Lithuania organised by the Lithuanian Presidency and the EU Fundamental Rights Agency which focused on combating hate crime. The conference was attended by among others national policy makers, practitioners, law enforcement and civil society. Among the areas discussed was reflecting remembrance in human rights education and training. History has taught us that to look forward we must look back. Learning from the past, understanding causes and effect, and raising awareness about these issues can make an important contribution to help to prevent such crimes in the future. This is true regardless of the specific national contexts and different experiences across different countries. In this way, people today can learn to understand the consequence of choices they make for themselves and wider society. We must look at the understanding of what shared memory can mean. I believe it is important to look into patterns of the past, to learn from them to understand the present and to prevent human rights abuses in the future. I hope you will get some time to reflect on this issue as part of your exchange over the coming days.
Since 2008 the Human Rights Commission here in Ireland has undertaken an intensive programme of human rights education and training aimed at Civil and Public servants. Over 800 officials across the civil and public service have benefited from this training. Tailored training has been provided to our police force, local authority staff and prison service. This service provided by the Commission has proved valuable across the public sector.
As many of you are aware, we are in the process of merging the Human Rights Commission and the Equality Authority. The last lap is proving to be the hardest, but the Bill is nearly finalised and I expect to be able to publish it very soon. I and my departmental officials are also engaged in ongoing discussions about the 2014 budget and the staffing arrangements for the new body and it is, of course, of vital importance that it has the resources required to properly fulfil its wide ranging statutory functions. Today, I want to mention one specific provision in the Bill. When it is published, the Bill will provide for the introduction of a positive duty on public bodies to conduct their business in a manner that is consistent with individual human rights, in reflection of the commitment contained within the current Programme for Government.
As I have said previously this model of positive duty is not the model found elsewhere. The Commission will have an important role in its development and in achieving a key tool which will be meaningful and effective in actively promoting equality and human rights across the public sector.
The point I want to draw out is that the work already undertaken by the Commission with their Human Rights Education and Training Project across the civil and public service is an excellent example of the “soft” and “persuasive” powers which I envisage will be influential in the development of such a public duty.
Indeed, when I presented Ireland’s National Report on the UN Universal Periodic Review process and took part in an interactive dialogue with the UN in Geneva, I was delighted to accept a recommendation made by Moldova to continue to provide support for human rights education and training domestically in order to enhance awareness and respect for human rights.
Of course, as many of you are aware, Ireland has a proud record with regard to the promotion of human rights in our foreign policies. Our historical experience informs our approach to human rights, and our Constitution, through its recognition of fundamental rights, guarantees each
individual citizen freedom, equality and justice.
Ireland strongly believes that States must work together in cooperation and genuine dialogue in order to strengthen commitment and capacity to comply with human rights obligations. We recognise that development; peace and security; and human rights are inter-linked and mutually reinforcing. Our policies at the United Nations have consistently sought to recognise that reality.
Our commitment to the promotion and protection of human rights in our foreign policy has been recognised by our election, for the first time, to the UN Human Rights Council in November 2012. This was a major endorsement of Ireland’s international standing and, in particular, of our advocacy of human rights across the globe. More widely, it reflected the esteem in which Ireland is held as a UN member and as a champion of the values which underpin the UN.
Serving on the Council will allow us to play a much more active role in the promotion and protection of human rights worldwide and to make a distinctively Irish contribution to that international effort. Ireland pledged to focus on a number of issues during our membership; combating discrimination and gender-based violence; promoting the right to education; strengthening the UN system; and supporting human rights defenders, among others.
During the first six months of our term, as part of our EU Presidency, Ireland worked closely in a “Joint Team” with the EU Delegation to the UN in Geneva as lead negotiators for the EU on an array of important resolutions. These included resolutions on human rights defenders; on freedom of religion or belief; and on human rights in Belarus and Myanmar/Burma. The EU also led, together with Japan, on the adoption of a landmark resolution on the Democratic People’s Republic of Korea, which established a Commission of Inquiry into the grave human rights abuses in that country. The work of the Commission of Inquiry will serve as an important step in raising awareness of the scale of the atrocities being committed there, and will hopefully, someday, play a role in bringing accountability for those crimes.
Now that the Irish Presidency has come to an end, we are working hard to establish a national profile at the Council. At the 24th session of the UN Human Rights Council in September 2013, Ireland took the lead in presenting and negotiating a resolution entitled “Civil society space: Creating and maintaining, in law and in practice, a safe and enabling environment” along with Chile, Japan, Sierra Leone and Tunisia.
The resolution, which was adopted without a vote by the Human Rights Council, examines the issue of civil society space for the first time as a human rights concern. As we know, the work of civil society goes far beyond the promotion and protection of human rights, embracing countless actors and activities which fulfil the purposes and principles of the United Nations. However, the space for civil society has been shrinking in many parts of the world as a result of legal, administrative and other restrictive measures and practices. The resolution was adopted without a vote and provides for a formal debate in the Council in the form of a panel discussion.
At the September 2013 session of the Human Rights Council, Ireland also led an initiative on Preventable mortality and morbidity of children under five. This resolution will lead to concrete follow-up action from the Office of the High Commissioner for Human Rights and the World Health Organisation on the development of a human-rights-based approach to address this tragic problem.
I spoke earlier of our work during our Presidency of the EU undertaken in the Justice and Home Affairs Council but the Presidency also presented an opportunity to further our human rights priorities on the multilateral stage. Ireland engaged extensively in the drafting process of the EU Guidelines on the promotion and protection of freedom of religion or belief, and on the promotion and protection of the human rights of LGBTI persons (lesbian, gay, bisexual, transgender and intersex). These Guidelines are key elements in the implementation of the EU Strategic Framework and Action Plan on Human Rights and were adopted at the final Foreign Affairs Council of Ireland’s Presidency on 24 June. The Guidelines provide EU officials with an overview of the legal and policy frameworks within which these human rights issues are to be addressed and they elaborate an EU strategy for how to engage with third countries. We hope that they will prove a valuable resource to EU delegations and the missions of EU Member States around the world in coming years when they are faced with these pressing human rights concerns.
At the United Nations in New York, Ireland and the EU Delegation led negotiations at the 57th session of the United Nations Commission on the Status of Women (CSW), resulting in the successful adoption of Agreed Conclusions on the elimination and prevention of violence against women and girls in March 2013. These Conclusions on what has traditionally been a difficult topic at CSW were a major achievement, and will inform international policy on violence against women and girls for years to come.
All of us here today have a strong commitment to the protection and promotion of human rights. We come form different countries and cultures with our own traditions and history but what brings us together is our belief in the universal nature of human rights.
I hope that this snapshot of some of our activities gives you an idea of what we are doing to advance human rights internationally. Moving forward, we will continue to be an advocate for human rights around the world, for all people.
Before I finish I want to reflect on the need for moral courage and leadership. Robert Kennedy, the famous US politician, said “ Few are willing to brave the disapproval of their peers, the censure of their colleagues, the wrath of their society. Moral courage is a rarer commodity than bravery in battle or great intelligence. Yet it is the one essential, vital quality for those who seek to change a world that yields most painfully to change.” I believe many of you here today are the living embodiment of these words.
I want to pay tribute to the Human Rights Commission here in Dublin and the Office of the High Commission for Human Rights for bringing us all together here today so that we can attempt to achieve the sentiment of Robert Kennedy’s words. Your ongoing commitment in this important policy area of human rights education is laudable.
Events like todays don’t just happen by magic. A vast amount of dedication and planning has been required to bring us to this point. I congratulate all involved. Also in reflection of this hard work I hope you will all engage in fruitful debate and stimulating discussion over the next couple of days.
Again, for those of you who are visitors to Ireland, I hope you have an enjoyable time and get an opportunity to sample some famous, or infamous, Irish culture.