BULLETIN VOL 12, ISSUE 2
MAY 2013
IRELAND AND THE HUMAN RIGHTS COUNCIL –
WHERE TO FROM HERE?
O
n February 1st, 2013, the Irish Centre for Human Rights and
the Irish Council for Civil Liberties hosted a one day seminar at
NUI Galway that explored the challenges and opportunities presented
by Ireland’s recent election to the United Nations Human Rights
Rights Council in protecting human rights defenders and civil society
organisations more generally. If Ireland is seriously committed to these priority issues, it must act to address deficiencies at home as well
as abroad.
Speakers at the event—from left to right: Dr.
Several key recommendations were submitted, such as: a call for
the establishment of better follow up mechanisms at the UN Human
Rights Council, including a greater focus on the implementation of
commitments made during the Universal Periodic Review (UPR) process and a more systematic and structured follow up to matters highlighted in Council resolutions. Professor Michael O’Flaherty, CoDirector, Irish Centre for Human Rights, NUI Galway, focused on Ireland’s pre-election pledges, highlighting several omissions therein,
including in the area of LGBTI rights; he advocated for the integration
of human rights in the articulation of a new set of millennium development goals, and the need to extend the pledges made to protect
the civil society space for national human rights monitoring institutions. Professor O’Flaherty also called for the development of a national strategy outlining the role of human rights in Ireland’s foreign
policy. In relation to LGBTI rights, Colm O’Gorman, Executive Director,
Amnesty International (Irish Section), highlighted the urgent need to
address the issue of marriage equality and outlined some of the
many legal differences between civil partnership and marriage. He
urged the speedy introduction of gender recognition legislation, the
need to address the issue of intersex rights and he identified current
provisions which allow employment discrimination on grounds of sexual orientation that are in need of revision. Regarding freedom of
religion and access to education, Suzanne Egan, Lecturer, School of
Law, University College Dublin, outlined the deficiencies of the patronage system which she forcefully described as “doomed from a human
rights perspective”. Dr. Niamh Reilly, Senior Lecturer, Global Women’s Studies, School of Political Science and Sociology, NUI Galway,
called for the allocation of greater resources to the advancement of
Niamh Reilly, Ms. Mary Lawlor, Colm
O’Gorman and Mark Kelly
Council. The event brought together a range of human rights experts
and produced a list of recommendations to inform Ireland’s term of
office on the Council. Questions regarding Ireland’s pre-election
pledges, how Ireland can best contribute to the agenda of the Council, and the leadership role Ireland can adopt in the promotion of human rights, were considered and addressed. The day-long event included two thematic sessions, the first on implementing Ireland’s
commitments to LGBTI rights, gender rights and freedom of religious
beliefs, and the second considering how Ireland can lead the Human
INSIDE THIS ISSUE:
MARTTI KOSKENNIEMI VISITS ICHR
2
BUSINESS & HUMAN RIGHTS IN IRELAND BLOG
5
HUMAN RIGHTS TREATY BODY REFORM
3
MISSION TO MADAGASCAR
6
PROF O’FLAHERTY @ BROOKINGS INSTITUTION
4
CEARTAS—IRISH LAWYERS FOR HUMAN RIGHTS
6
ANNUAL WILTON PARK CONFERENCE
4
TALKS & SEMINARS
7-8
PROF R MURPHY APPOINTED TO NEW IHREC
4
LUNCHTIME SERIES
8-9
DR DA COSTA’S BOOK LAUNCH
5
FORTHCOMING EVENTS
10-11
BULLETIN VOL 12, ISSUE 2
Page 2
IRELAND & THE HUMAN RIGHTS COUNCIL CONTD
gender equality, as well as timelier reporting to UN treaty monitoring
bodies. Mary Lawlor, Founder and Executive Director of Frontline
Defenders, suggested that Ireland work for the establishment of a
strong mechanism where reprisals against human rights defenders,
following their engagement with UN bodies, can be reported when
they happen and discussed at the Council. To this end, Ms. Lawlor
proposed that Ireland could take advantage of its EU presidency over
the next five months to develop a more refined approach to the treatment of human rights defenders by making specific recommendations and raising individual cases during the UPR process. Ms. Lawlor
also urged the government to work to establish a procedure to address the significant issue of a lack of state cooperation with the UN
special procedures. Philippe Dam, Human Rights Watch, appealed to
Ireland to open up clear lines of communication with human rights
defenders and to reflect the information received from them at the
Council. Echoing the comments made by H.E. Gerry Corr, Irish Ambassador to the United Nations, in his opening address, Mr. Dam also
appealed to Ireland to show political courage by tabling and co-
sponsoring country specific resolutions at the Council when the need
arises. He returned to a recommendation tabled by Professor O’Flaherty whereby the Human Rights Council’s “special procedures” (the
special rapporteurs, etc.) could trigger debate on crisis situations at
the UN Human Rights Council. Caoimhe de Barra, Head of International Department, Trócaire, recommended the establishment of
multi-stakeholder independent review mechanisms in countries in
receipt of Irish Aid which would monitor government initiatives to
protect the civil society space; Ms. de Barra endorsed greater monitoring of activity at the domestic level and also proposed that Ireland
champion the role of the Special Rapporteur on Freedom of Assembly
and Association and the Special Rapporteur on Human Rights Defenders by referencing their findings and recommendations. The
large conference turnout demonstrated the huge interest there is in
the promotion of human rights, in multilateral monitoring through the
United Nations and Ireland’s performance at the UN Human Rights
Council.
MARTTI KOSKENNIEMI VISITS NUI GALWAY FOR DOCTORAL SEMINAR
T
he Irish Centre for Human Rights hosted its annual doctoral butions in the early part of the week, Professor Michael O’Flaherty’s
seminar from April 22nd to 26th, 2013. During the week doctoral engagement in dialogue and his excellent presentation, the participascholars and experts submitted presentations on their current re- tion of Dr. Michelle Farrell (law lecturer, University of Liverpool and
search to the group for analysis and discussion. Doctoral students ICHR’s doctoral programme graduate), and Professor Vinodh
were extremely fortunate to benefit from Professor Martti Kosken- Jaichand (Professor at the University of Witwatersrand in Johannesniemi’s vigorous and intellectually insightful contributions. For the burg, South Africa). Programme candidates were joined by students
entire week Professor Koskenniemi offered provocative commen- from other universities and institutions, such as NUIG’s Law School,
taries, advice and
the
Graduate
a critical stance
Institute of Interthat was both
national and Dechallenging and
velopment Studhelpful. Professor
ies,
Middlesex
Koskenniemi was
University
and
exceedingly genBrunel
Law
erous with his
School.
Many
time, participatthanks to Tanja
ing in the intense
Florath (doctoral
daily schedule of
fellow) for her
student presentatireless efforts in
tions, delivering a
making the week
highly anticipated
a success, and
public lecture on
also to the indicampus and putvidual staff memting on an addibers who chaired
tional methodothe daily seslogical
seminar
sions, facilitated
for
interested
discussions and
students.
PhD
made
specific
candidates also
recommendations
benefited
from
to individual stuFrom left to right: Professor Vinodh Jaichand, Dr. Karen
Professor William
dents.
da Costa, Professor Ray Murphy, Dr. Michelle Farrell, Dr.
Schabas’s contri-
Ekaterina Yahyaoui Krivenko and Professor Martti
Koskenniemi
IRISH CENTRE FOR HUMAN RIGHTS
Page 3
NEWS & ACTIVITIES
GENERAL ASSEMBLY CONSULTATIONS ON HUMAN RIGHTS TREATY BODY
STRENGTHENING
A
number of serious concerns have arisen
regarding the UN treaty body monitoring
mechanisms in recent years. Specific issues
have been raised about failures in State cooperation with the system, the lack of checks and
balances within the treaty bodies, the capacities
of individual members (many of whom are parttime unpaid experts juggling other professional
responsibilities), and concerns regarding the
consistency of outputs between the various bodies. Broader questions relate to the impact and
effectiveness of treaty bodies in terms of the
implementation and follow-up of particular recommendations. Several attempted reforms have
been applied to treaty body system, and the
current UN High Commissioner for Human
Rights, Ms. Navanethem Pillay, inaugurated the
current reform programme in 2009, when she
appealed to States Parties to human rights treaties, Treaty Body members and other stakehold- Professor O’Flaherty hosts side event at the UN treaty body reform
ers, such as civil society organisations and National Human Rights Institutions (NHRIs), to consultation process, April 2013
reflect on proposals which would enable
the Treaty Body system to be more coherent, coordinated and ef- Statement maps out the methods to be adopted, with the key goal
fective. In November 2009, facilitated by Professor O'Flaherty, a of strengthening human rights protections, rather than deference
group of current and former treaty body experts convened in Ire- to State Parties’ agendas. A consultation was envisaged with all
land and issued the “Dublin Statement” to establish principles to relevant stakeholders on the best way to change the system, keepunderpin the discussions on treaty body strengthening. The Dublin ing modest and achievable targets at the heart of the process (i.e.
no treaty amendments). Following two years of global consultations, a second Dublin meeting chaired by Professor
O'Flaherty put forward 100 recommendations for the
strengthening of the system in the “Dublin Outcome Document”. This in turn formed the basis of a report to the UN
General Assembly by the High Commissioner for Human
Rights. As part of the on-going process, Professor O’Flaherty participated in consultations at the General Assembly, 12-17 April 2013, on the invitation of the cofacilitators (Iceland and Indonesia). Professor O’Flaherty
was a designated “expert,” which was the first time a nontreaty body member was given such a status. He addressed each of the thematic clusters during the consultation plenary, commenting on such issues as the Belfast
Statement, the topic of introducing efficiencies and savings to the system, the harmonisation of working methods
and capacity building. Professor O’Flaherty also moderated a side event, hosted by five governments, on the topic
of implementing treaty body recommendations and findings. There will be one final round of consultations in the
General Assembly process (early May), thereafter the cofacilitators will seek to agree a package of proposals,
which will be announced at the end of the month.
Dr. Annabel Egan & daughter Molly. Annabel
graduated on March 21st. The title of her PhD
thesis was: “Constructive Engagement and Human
Rights: The Case of EU Policy on China”
BULLETIN VOL 12, ISSUE 2
Page 4
GOOD FRIDAY AGREEMENT / BELFAST AGREEMENT 15 YEARS ON –
BROOKINGS INSTITUTION LECTURE
O
n March 18, 2013, Professor Michael
gaps remain and Northern Ireland’s society is
O’Flaherty delivered a lecture at the
vulnerable to additional problems that interBrookings Institution in Washington, the influweave an incomplete peace process (the
ential think tank both in the United States and
impact of recession, exclusion and victimisaglobally. Speaking in his capacity as Chief
tion of minorities, the status of human rights
Commissioner of the Northern Ireland Human
in society). Many of these deficiencies have
Rights Commission, he addressed some of the
arisen due to the failure of stakeholders to
human rights deficits that remain in the postactively adhere to the peace process agenda.
conflict landscape of Northern Ireland 15
Professor O’Flaherty urged the group of promyears after the advent of the Good Friday
inent politicians, policy makers, academics
Agreement / Belfast Agreement. Latent vioand diplomats in attendance to recognise
lence manifests periodically in Northern Irethat the “normalisation” discourse describing
land (the recent flags protests, annual paradNorthern Ireland’s post-conflict status is
ing season, and low intensity dissident activiharmful. He also welcomed continued interty); Professor O’Flaherty reflected on the prenational and US engagement in various bilatProfessor Michael O’Flaherty
sent situation in light of the past “Troubles”.
eral and multilateral forums for various acThe conflict, which lasted from 1969 to 1998,
tions, such as seeking the vigorous releft 3,549 dead and thousands injured, a legaengagement of the two “guarantors” of the
cy of mental health issues in the population and severe social Agreement: the UK and Irish governments. The following day Proschisms. Professor O’Flaherty outlined some of the key achieve- fessor O’Flaherty attended the annual St. Patrick’s Day celebraments of the Belfast/Good Friday Agreement and subsequent tions hosted by the Obamas at the White House. During the Washagreements, such as: power-sharing government, disarmament, ington trip Professor O’Flaherty met with a number of Congresspolice force reform and the establishment of a human rights infra- men and senior officials concerned with Irish and human rights
structure north and south of the border. However, a number of affairs.
ANNUAL HUMAN RIGHTS WILTON PARK CONFERENCE - INTEGRATING
TRANSITIONAL JUSTICE, SECURITY AND DEVELOPMENT
P
rofessor O’Flaherty was invited to participate in the Annual
Human Rights Wilton Park conference convened in Wiston
House, West Sussex on 17-19 January (held in association with the
Swiss Federal Department of Foreign Affairs and Norwegian Ministry of Foreign Affairs). The central theme of discussion was transitional justice and development in post-conflict societies. The World
Bank’s “2011 World Development Report: Conflict, Development,
and Security,” and the UN’s recent General Assembly debate on
the rule of law at national and international levels demonstrates
the interest there is in building better links between human rights,
transitional justice and development goals. This theme was also
taken up in a discussion of the post-2015 UN development agenda. These efforts constitute welcome progress; yet translating conceptual discussion into concrete programmes to implement and
improve the linkages is challenging. It is however, crucial: as the
Arab Spring made clear, people’s demands for justice everywhere
are comprehensive, and include the demand for rights, security
and development. In October 2011, the Human Rights Council
(HRC) adopted a resolution creating a Special Rapporteur for the
promotion of truth, justice, reparations, and guarantees of nonrecurrence. The first Special Rapporteur assumed his mandate on
1 May, 2012. One of the priorities of his mandate on transitional
justice will be to work on improving links between transitional justice, the rule of law, development and security. The meeting considered the preliminary work of the Special Rapporteur and how
continued contributions to the office might be sustained. Further
detail on key points arising from the discussion may be found here.
PROFESSOR RAY MURPHY APPOINTED TO
THE NEW HUMAN RIGHTS AND EQUALITY
COMMISSION
C
ongratulations to Professor Ray Murphy, Co-Director of the Irish Centre for Human
Rights, who has been appointed a Commissioner of the Human Rights
Commission and a member designate of the Human Rights and Equality Commission,
pending the establishment of the latter. The Irish Human Rights and Equality
Commission is body which will replace the Irish Human Rights Commission and the
Equality Authority, which are to be merged. The Minister for Justice, Mr. Alan Shatter
stated: “The objective of this body will be to champion human rights, including the right
to equality.” Legislation for the Human Rights and Equality Commission is expected
before the summer recess, but members will take up their appointments in the existing
boards ahead of the merger.
IRISH CENTRE FOR HUMAN RIGHTS
Page 5
BOOK LAUNCH: “THE EXTRATERRITORIAL APPLICATION OF
SELECTED HUMAN RIGHTS TREATIES”
T
he Irish Centre for Human Rights hosted the launch of Dr. Karen da Costa’s
publication: “The Extraterritorial Application
of Selected Human Rights Treaties,” on April
25th, followed by
a wine reception
in the conference
room. Professor
Ray Murphy gave
Dr. Karen da Costa
an overview of
the work, which
“The Extraterritorial
came about as a
Application of
result of Dr. da
Costa’s doctoral
Selected Human
research at the
Rights Treaties”
Graduate Institute of International and Development
Studies.
The book
examines the question of whether and to
what extent states are bound by human
rights treaty obligations when they act
abroad, which has given rise to considerable
debate in academic circles, courtrooms and
military operations. Focusing on treaties
considerably jeopardized during the ‘”war on
terror,” namely the International Covenant on
Civil and Political Rights, the European Convention on Human Rights and the Convention against Torture, “The Extraterritorial
Application of Selected Human Rights Treaties” takes stock of the key developments
informing the discussion to date. Dr. da Costa, University Fellow in Human Rights
(Teaching and Research), very kindly gifted
our visiting international law expert, Professor Martti Koskenniemi, a copy of the book.
Greatly encouraged were the many doctoral
students, in the midst of writing up their research theses, who attended the event.
T
he International Criminal Law Network’s International
Trial Competition took place in The Hague from 21st –
26th April, with 37 teams from 27 countries taking part.
Here is the team that represented the Irish Centre for
Human Rights, from left to right: Sinéad Breslin (researcher),
Amanda Elfstrőm (Victims’ Counsel), Feargal Kavanagh
(Coach), Alejandra Muñoz (Prosecution) and Nicola Circelli
(Counsel for the Defence). The team was also coached by Dr.
Noelle Higgins. Congratulations to all involved!
BUSINESS & HUMAN RIGHTS
IN IRELAND BLOG
D
r. Shane Darcy, a lecturer at the Irish Centre for Human Rights,
has recently launched the Business and Human Rights in Ireland blog. The blog is dedicated to
tracking and analyzing developments relating to business and
human rights from an Irish perspective. It aims to address legal
and policy issues, as well as highlighting human rights concerns
raised by the activities of Irish
companies or multinational corporations based in Ireland. The blog
seeks to bring an international
perspective on business and human rights, drawing on developments taking place at the United Nations and other international organisations, as well as regionally and
in national contexts.
The blog will serve also to highlight any developments arising from
the detailed report produced by the Centre last year entitled
“Business and Human Rights in
Ireland”. The report drew on the
UN Framework and Guiding Principles on Business and Human
Rights and made a list of recommendations for the Irish Government, companies and civil society.
Dr. Darcy is currently a visiting
fellow at the Human Rights Program, at Harvard Law School, but
will return to the Irish Centre for
Human Rights in September,
where he teaches a course on business and human rights. The blog
can be visited at: http://businesshumanrightsireland.wordpress.com
IRISH CENTRE FOR HUMAN RIGHTS
Page 6
DR. KAREN DA COSTA’S FIELD MISSION TO MA DAGASCAR
I
n December 2012 Dr. Karen da Costa spent three weeks
on a field mission in Madagascar for a case study on the
legal framework relating to natural disaster risk reduction.
The study was part of a consultancy project for the International Federation of the Red Cross and Red Crescent Societies. The first week was spent in the capital (Antananarivo)
and meetings were held with national authorities, several
different ministries, and also with international actors who
are present in the country, such as the UN Development
Programme, UNICEF and the UN World Food Programme.
The second week focused on regional issues, with a mission
to the coastal Atsinanana region, which is regularly affected
by natural disasters (notably cyclones), and meetings were
held with regional authorities and further stakeholders. Finally, the third week covered the local and community levels,
with meetings not only with local authorities and stakeholders, but also a field visit to three different communities that
are regularly affected by natural disasters (located in the
urban and rural areas of the country). The scope of the mission was to identify the legal framework relating to the prevention of natural disasters and how it is implemented at
different administrative levels, and at the community level.
Madagascar is subject to different natural disasters, especially cyclones and floods. The Giovanna cyclone hit the
country in February 2012, resulting in loss of lives and property damage. The two reports resulting from the consultancy
are due to be published later this year and this is the second
such consultancy undertaken by Dr. da Costa for the International Federation of the Red Cross, the previous one was
undertaken in Brazil in 2011, and the mission report is available on the Federation’s website.
Malagasy children during community visit after Giovana cyclone
by Dr. Karen da Costa
CEARTAS - IRISH LAWYERS FOR HUMAN RIGHTS
C
eartas — Irish Lawyers for Human Rights — is an independent
non-profit organisation that seeks to promote and realise human rights standards internationally through innovative legal actions.
The organisation provides a platform to explore existing and alternative legal strategies by bringing together a range of legal professionals through a pro-bono register and expert groups. Ceartas primarily
aims to effect human rights change internationally through the use of
Irish, regional and international mechanisms with the view to promoting accountability on human rights issues. Among the issues currently
being addressed by Ceartas are the abuses perpetrated by the Bahraini regime in the suppression of popular uprisings in the country
since early 2011. In April 2013, Ceartas submitted a complaint to Mr.
James Hamilton, Ireland’s former Director of Public Prosecutions and
current president of the International Association of Prosecutors,
calling for the Bahraini Attorney-General to be expelled from the association’s executive committee. Full details can be found
at www.ceartaslaw.org. A number of scholars affiliated with the Irish
Centre for Human Rights have been working with Ceartas, including
doctorate graduate Dr. Michelle Farrell, lecturer at the University of
Liverpool and editor of the Ceartas blog, and John Reynolds, EJ Phelan Fellow in International Law at the Irish Centre for Human Rights
and Ceartas research officer. An internship programme is currently
being developed by Ceartas that may provide further scope for collaboration with the Centre and its students in the near future.
DOCTORAL FELLOW PETER FITZMAURICE
AWARDED DOBBIN SCHOLARSHIP
P
eter Fitzmaurice, Irish Centre for Human Rights doctoral fellow, is spending
May 2013 as a visiting scholar at the Centre for Refugee Studies, York University, Toronto. Peter was awarded a Dobbin scholarship by the Irish Canada University Foundation to enable him pursue key research goals. The Dobbin Scholarship
Programme grants short term visiting scholarships to both Irish and Canadian
scholars in support of their research which relates to both countries. Peter will be
researching the Canadian approach to non-refoulement from armed conflict while
at York University. He will be giving a joint public seminar with Professor Sean Rehaag of Osgoode Law School on May 28th entitled “Refugee Protection in the Irish
Republic and Canada compared - who is winning the race to the bottom?”
Peter Fitzmaurice
BULLETIN VOL 12, ISSUE 2
Page 7
TALKS & SEMINARS
REFUGEE AND IMMIGRATION LAW PRACTITIONERS’ SEMINARS
O
n April 12 the first of a new series of Refuinstance decision making obligations in
gee and Immigration Law Practitionthe Qualification Directive and obliga“A great beginning to the
ers’ seminars was launched at the Irish Centre for
tions arising from the jurisprudence of
Refugee and Immigration Law
Human Rights. The seminars are designed to both
the European Court of Human
Practitioners’ seminars, tapping
provide relevant information and training notes to
Rights. Maria Maguire of the Refugee
into a huge reservoir
applicants’ representatives from the Western area
Legal Service Office in Galway described
of extensive academic
of practice in the fields of immigration
the seminar as: “A great beginning to
knowledge and opinion. The
and refugee law and in addition to allow for a colthe Refugee and Immigration Law Practidebate between academics,
legiate space for discussion of topics of mutual
tioners’ seminars, tapping into a huge
lawyers and stimulates, elevates
interest. Students from the Irish Centre for Human
reservoir
of extensive
academic
and informs everyone's general
Right are also able to attend. The seminar was
knowledge and opinion. The deknowledge. The seminars go
attended by a mix of barristers and solicitors from
bate between academics, lawyers and
hand-in-glove with setting a high
Galway, along with LLM and PhD students. Enda
stimulates,
elevates
and
instandard for practice. Highly
O'Neill BL of the Irish Refugee Council and Peter
forms everyone's general knowledge. The
recommended.”
Fitzmaurice of the Irish Centre for Human Rights
seminars go hand-in-glove with setting
spoke at the seminar. Mr. O’Neill spoke about
a high standard for practice. Highly recthe European Database of Asylum Law (EDAL) project which is ommended.”
funded by the European Commission’s European Refugee Fund The next seminar will be on June 21 and there will also be
(ERF) to create an accessible online database of case law from a seminar coinciding with the inaugural Summer School on HuEU Member States relevant to the interpretation of European man Rights, Migration and Globalization of the Irish Centre for
asylum law. Peter Fitzmaurice gave a short presentation on first Human Rights which will take place from 8-12 July 2013.
he Irish Centre for Human Rights and Front Line Defenders screened a
feature documentary on February 26, entitled: “Blood Rising”, which is
about the mothers of the victims of femicide in the city of Juarez, Mexico.
Blood Rising” is powerful film which documents and explores the issues
around the killing and disappearance of women in Chihuahua, Mexico. Since
1993, over 1,250 women have been murdered in Ciudad Juarez. There has
been a consistent failure by both the federal and state authorities to bring
the perpetrators of these killings to justice or to provide adequate protection
for women and human rights defenders. The documentary was followed by a
questions & answers session with its director-producer Mark McLoughlin
and Elia Escobedo Garcia, Nuestras Hijas de Regreso a Casa, Juarez, Mexico. Elia Escobedo Garcia has campaigned for 11 years for justice for her
daughter Erika whose body was found in the streets of Chihuahua, Mexico in
2002. Elia's story is part of the narrative of Blood Rising.
SHARED RESPONSIBILITY UNDER
INTERNATIONAL LAW IN MILITARY
I
n April 2013, Professor Ray Murphy, CoDirector of the Irish Centre for Human
Rights, participated in a seminar under the
auspices of the Amsterdam Center for International Law and the Swedish National Defence College. The
seminar examined the issue of shared responsibility for military
operations under international law. Professor Murphy presented a paper on shared responsibility and international peacekeeping which examined the responsibility of, inter alia, international organisations and states for the acts or omissions of
those on peacekeeping missions.
Murder victim Airis Estrella Enriquez by Brian
T
Maguire
BLOOD RISING
IRISH RED CROSS ROUNDTABLE ON
COMMAND RESPONSIBILITY
O
n 13 March 2013, Professor Ray Murphy
presented a lecture at the Irish Red Cross
Roundtable on International Humanitarian
Law. The topic of the roundtable was command
responsibility – a mode of liability especially relevant in the investigation and prosecution of war crimes and other international
crimes. The roundtable was well attended and discussed recent
jurisprudence from various international tribunals. It examined the
concept of effective control, the difference between command and
superior responsibility, and factors a court may consider when determining if the principle of command responsibility is applicable.
IRISH CENTRE FOR HUMAN RIGHTS
Page 8
DRUG ADDICTION AS A DISABILITY
A
debate on the recognition of drug addiction as a disability,
organised jointly by the International Centre on Human Rights
and Drug Policy, the University of Essex, the Irish Centre for Human
Rights and the Centre for Disability Law and Policy at the National
University of Ireland Galway, was convened on February 7 at the
Huston School of Film & Digital Media. Speakers included: Dr. Eliot
Ross Albers, Executive Director, International Network of People
who Use Drugs; Mr. Richard Elliott, Executive Director, Canadian
HIV/AIDS Legal Network; Mr. Simon Flacks, Lecturer, University of
Reading; and Ms. Rebecca Schleifer, Advocacy Director, Health
and Human Rights Division, Human Rights Watch. The moderator
for the event was Professor Gerard Quinn, Director of the Centre
for Disability Law and Policy, NUI Galway. A reception followed at
the Irish Centre for Human Rights. The following day a lunchtime
seminar was moderated by Mr. Rick Lines, Executive Director,
Harm Reduction International and Co-director, International Centre
on Human Rights and Drug Policy, on “Drug Users, HIV and Human
Rights,” and several of the speakers (Dr. Eliot Ross Albers, Mr.
Richard Elliott and Ms. Rebecca Schleifer) from the foregoing
event participated.
LUNCHTIME SEMINAR SERIES
ECONOMIC, SOCIAL AND CULTURAL RIGHTS IN INTERNATIONAL
CRIMINAL LAW
E
velyne Schmid, a lecturer in public international and European law at Bangor University in Wales, presented a lunchtime
seminar entitled: “Economic, Social and Cultural Rights in International Criminal Law” on March 26th. The talk explored some of the
legal questions that are raised by attempts to address socioeconomic and cultural abuses in approaches based on international
and transnational criminal law. Dr. Schmid queried whether there
is space to argue that violations of economic, social or cultural
rights would ever amount to international crimes such as crimes
against humanity, war crimes or genocide? Evelyne Schmid was
awarded a summa cum laude Doctorate in International Law from
the Graduate Institute of International Studies and Development,
Geneva. Before moving to Wales, she was project coordinator for
UNITED NATIONS DISENGAGEMENT
OBSERVER FORCE (UNDOF) IN THE
ISRAELI OCCUPIED GOLAN HEIGHTS
C
ommandant Sean Ridge gave an insightful lunchtime seminar on Wednesday March 13, 2013, based on his experiences of the UN observer mission on the Israeli occupied Golan
Heights. Recently 21 observers from UNDOF were detained by
forces opposing the current Syrian regime. Commandant Ridge
discussed the UNDOF mission, the current situation in Syria and
his personal experience as an UN military observer on the Golan
Heights. Commandant Ridge is highly experienced UN peacekeeper, having been deployed on a number of UN missions. The
seminar was of particular interest to students taking the Peace
Operations, Humanitarian Law and Conflict LLM modules.
Commandant Sean Ridge at the Irish Centre for Human Rights
the International Criminal Court’s Legal Tools Project at TRIAL, the
Swiss Association against Impunity, a board member of Amnesty
International Switzerland and the researcher for the United States
Institute of Peace (USIP) Truth Commission Digital Collection. She
previously also worked for national chapters of Transparency International in Lebanon and in Bahrain and holds a Master of Law and
Diplomacy from the Fletcher School, Tufts University and a Masters in International Relations from the University of Geneva. She
serves as a legal advisor to several NGOs involved in the ongoing
negotiations of an Arms Trade Treaty.
“ACTION FOR JUSTICE?” RIGHTS, NEEDS
AND HUMANITARIAN NGOS IN EUROPE,
1968-1985
O
n March 6, 2013, the Irish Centre for Human Rights received
Dr. Kevin O’Sullivan, history lecturer at the School of Humanities, NUI Galway, for a presentation titled “Action for Justice?
Rights, Needs and Humanitarian NGOs in Europe, 1968-1985”. Dr.
Kevin O’Sullivan’s main research and teaching interests are in the
history of decolonization, the social, cultural and political legacies of
imperialism, post-imperial European identities, international politics, and modern Irish history. He currently teaches undergraduate
modules on globalization, humanitarianism, Irish identity and the
development of the Irish state in a global context, while he also
contributes to the postgraduate program with seminars on the
same subjects. His first book, Ireland, Africa and the End of Empire:
Small State Identity in the Cold War, was published in 2012 by
Manchester University Press.
Dr. O’Sullivan is currently working on another project, provisionally titled “The Humanitarian International: Aid, NGOs and Western
Society, 1968-85”, which examines the cultural, social and political
phenomena that inspired the rapid expansion of the NGO sector in
Western Europe, including case studies of Britain, France and Ireland. As part of that project, he is currently co-investigator on an
international research network titled Non-state Humanitarianism:
From Colonialism to Human Rights, which draws together academics and stakeholders from the humanitarian sector to develop a
strongly collaborative and mutually beneficial framework for the
study of non-state humanitarianism. The network, funded by a British Arts and Humanities Research Council (AHRC) research networking grant, consists of four workshops hosted by each of its key
institutional partners (NUI Galway, University of Birmingham, University of Manchester, ZZF Potsdam) over the course of 2013.
BULLETIN VOL 12, ISSUE 2
Page 9
CHASING JUSTICE IN IRAQ AND THE BALKANS
T
he Irish Centre for Human Rights hosted Mr. Aonghus Kelly
as a guest speaker at one of our lunchtime seminars. Mr.
Aonghus Kelly is from Galway and holds an undergraduate degree in Law (BCL) from University College Cork. In 2005, he qualified as a lawyer in New Zealand, and worked in a large financial
services company in New Zealand. In 2006, he qualified as a
solicitor (lawyer) in Ireland, and on the return to Ireland, he
worked as a lawyer in general practice in Galway. In 2008 he
completed the international human rights law LLM programme at
the Irish Centre for Human Rights. After leaving Galway in 2008
he worked for Public Interest Lawyers in England, and in 2010,
he was admitted as a lawyer (solicitor) in England and Wales. Mr.
Kelly worked mainly on cases concerning Iraq and Palestine, and
was involved heavily in the Baha Mousa Public Inquiry in London
which concerned the murder and torture of Iraqi civilians by British forces in Iraq and their use of banned coercive interrogation
techniques. In 2010, he began working at the Prosecutors Office
of Bosnia and Herzegovina and was a member of a team that
investigated and prosecuted war crimes from the war in Bosnia
and Herzegovina. In 2012 he moved to a new job with the European Union Rule of Law Mission in Kosovo (EULEX) where he
works at the Special Prosecution Office in a team investigating
and prosecuting War Crimes, Organised Crime and Terrorism. Mr.
Kelly discussed his experiences in England working on Iraqi and
Palestinian cases, the Baha Mousa Inquiry and the Balkans
(Sarajevo and Kosovo). The main part of the presentation highlighted the challenges of seeking justice in the UK/Iraq context.
Issues such as the systems in place, investigating and prosecuting cases, witness fatigue, witness intimidation, challenges in the
courtroom, and government interference were discussed. Besides sharing the background of his experiences, Mr. Aonghus
Kelly also offered some helpful and useful information on how to
hunt down jobs in the field.
WOMEN’S REPRODUCTIVE RIGHTS
IN IRELAND
D
r. Niamh Reilly presented a lunchtime seminar on the
topic of: “Women's Reproductive Rights: Irish Context
and International Human Rights Norms” on February 21.
The presentation started with a brief overview of key turning points and developments in gaining reproductive rights
in Ireland (from contraception to the right to information
and travel) to the present focus on the right to life as distinct from right to health, noting the particularities of Irish
political culture, role of different actors, for example, the
Church and a weak women's movement. Dr. Reilly subsequently analysed some of the key elements of European
Court of Human Rights’ ABC judgment and how it differs
from CEDAW's more expansive understanding to reproductive rights. Dr. Niamh Reilly is a Senior Lecturer and codirector of the Global Women's Studies Progamme at the
School of Political Science and Sociology, National University of Ireland, Galway. She has published widely on transnational women's movements, feminist theory and human
rights. Her book Women's Human Rights: Seeking Gender
Justice in a Globalising Age (Polity Press, 2009) was selected as an “Outstanding Academic Title for 2010” by the
American Library Association/CHOICE. Dr. Reilly has many
years' experience working with United Nations processes
and civil society organisations internationally.
Student trip to the International Criminal Tribunal for the
former Yugoslavia , February 2013
TWO DOCTORAL SCHOLARSHIPS AT THE IRISH CENTRE FOR HUMAN RIGHTS
T
he Irish Centre for Human Rights is currently accepting applications for two Doctoral Scholarships. Applications are sought from students who intend to pursue doctoral level research on topics related to either:
(a) Freedom of Expression
(b) The United Nations architecture for the protection of human rights
The successful students will be supervised by Professor Michael O’Flaherty, Director of the Centre. These Scholarships will commence no
later than October 2013 and are available for a period of four years. Scholarships comprise an annual stipend of €16,000 inclusive of University tuition fees (accordingly a student paying EU-level fees would receive a tax free stipend of approximately €11,755 per annum).
The holder of a Scholarship is expected to reside in Galway, Ireland and, under the guidance of Professor O’Flaherty, will engage in twenty
hours per week of research and research support, teaching and administrative tasks at the Irish Centre for Human Rights, in addition to
pursuing his or her own doctoral research. Those interested in applying should submit the following:
• A covering letter
• A curriculum vitae
• Two letters of reference
• A statement of the proposed doctoral research topic (1000 words)
These materials must be sent to humanrights@nuigalway.ie by 5pm on 31 May 2013. Award of a scholarship will be conditional on admission by the University.
IRISH CENTRE FOR HUMAN RIGHTS
Page 10
FORTHCOMING EVENTS
HUMAN RIGHTS & DRUG POLICY DEBATE: UNIVE RSITY OF ESSEX
T
he International Centre on Human Rights and Drug Policy is
implementing a series of debates at the University of Essex. A
debate on “Drug Addiction as a Recognised Disability?” was held
in Galway in partnership with the Irish Centre for Human Rights
recently. The next debate on human rights and drug policy will
occur in the University of Essex on May 31, 2013. This will be the
first student debate of the series. The debate will be a formal
match between two student teams, one from the Irish Centre for
Human Rights and the opposing team from the University of Essex.
THE 2013 HUMAN RIGHTS,
MIGRATION AND
GLOBALIZATION SUMMER
SCHOOL
T
he inaugural summer school on Human Rights, Migration and
Globalization, taking place from July 8th to 12th, will familiarise
participants with the sources of migrants’ rights and the available
protection mechanisms. It will provide participants with an understanding of the major tensions underlying the protection of migrants’ rights and of how globalization shapes these tensions. During the five days of intensive sessions provided by leading experts
in the area, participants will be provided with a detailed working
knowledge of the issues through presentations, readings and group
discussions, which will include research and advocacy components. The programme will include a variety of social activities that
will allow participants to network with each other and the panel of
specialists in a relaxed and friendly environment. The summer
school on Human Rights, Migration and Globalization is open to
anyone interested in the contemporary challenges of migration and
human rights protection, including practitioners, journalists, NGO
representatives, government officials and students. Participants
are invited, but not obliged, to submit an abstract proposing their
research ideas for discussion. For more information, including details on how to register and how to submit an abstract, please visit
NUIG’s conference website: http://www.conference.ie/
Conferences/index.asp?Conference=222
The debate will take place at the University of Essex, and the motion for debate will be “Is there a right to use drugs?” Travel and
accommodation to Essex will be provided to the Galway team. The
best debater will win a scholarship (including travel and accommodation) to attend a summer course on drug policy and human
rights at the Central European University in Budapest. All LLM students are eligible to apply to be on the Galway team. For full details on the event contact Dr. Nancie Prud’homme at
nprudh@essex.ac.uk.
Confirmed speakers for the 2013 Summer School include :
Professor Francois Crépeau, the United Nations Special
Rapporteur on the Human Rights of Migrants
Professor Tomoya Obokata, Professor of International Law and
Human Rights, Keele University, School of Law
Professor Michael O’Flaherty, Co-director of the Irish Centre for
Human Rights and Chief Commissioner of the Northern Ireland
Human Rights Commission
Ms. Mariette Grange, Senior Researcher at the Global Detention
Project of the Program for the Study of Global Migration at the
Graduate Institute of International and Development Studies,
Geneva
Ms. Siobhán O’Donoghue, Director of the Migrant Rights Centre
Ireland
Ms. Maria Stavropoulou, Director of the Greek Asylum Service
Dr. Ekaterina Yahyaoui, Lecturer and LLM Director, Irish Centre for
Human Rights
Dr. Noelle Higgins, Lecturer, Irish Centre for Human Rights
Confirmed speakers for the ICC Summer School include :
THE 2013 INTERNATIONAL
CRIMINAL COURT SUMMER
SCHOOL
T
he annual International Criminal Court summer school at
the Irish Centre for Human Rights is the premiere summer
school specializing on the International Criminal Court. The summer school allows participants the opportunity to attend a series
of intensive lectures over five days and will take place from June
17 to June 21, 2013. The lectures are given by leading academics on the subject and by legal professionals working at the International Criminal Court. The summer school is attended by legal
professionals, academics, postgraduate students and NGOs.
Participants are provided with a detailed working knowledge of
the establishment of the Court, its structures and operations, and
the applicable law. Participants are also given the opportunity to
network with the speakers throughout the week. Lectures also
speak to related issues in international criminal law, including:
genocide, war crimes, crimes against humanity, the crime of aggression, universal jurisdiction, immunities, and the role of victims.
Professor William Schabas, Irish Centre for Human Rights, NUI
Galway and School of Law, Middlesex University
Mr. Fabrizio Guariglia, Head of Appeals Division of the Office of the
Prosecutor of the International Criminal Court
Dr. Mohamed M. El Zeidy, Legal Officer for Pre-Trial Chamber II,
The International Criminal Court
Dr. Rod Rastan, Legal Adviser in the Office of the Prosecutor, The
International Criminal Court
Professor Siobhan Mullally, Professor of Law, School of Law,
University College Cork
Dr. Nadia Bernaz, Senior Lecturer, Middlesex University School of
Law
Professor Don Ferencz, Visiting Professor, University of Middlesex
Mr. John McManus, Counsel /Avocat, Crimes Against Humanity
and War Crimes Section, Canadian Department of Justice
Professor Megan A. Fairlie, Florida International University
Professor Ray Murphy, Irish Centre for Human Rights, School of
Law, NUI Galway
Dr. Noelle Higgins, Irish Centre for Human Rights, School of Law,
NUI Galway
Dr. Mohamed Elewa Badar, Senior Lecturer, School of Law, Brunel
University
BULLETIN VOL 12, ISSUE 2
Page 11
T
he Irish Centre for Human Rights is
one of the world's premier university-based institutions for the study and
promotion of human rights and humanitarian law. Since its establishment in
January 2000, the Centre has developed a global reputation for excellence
in the field of human rights teaching,
research and advocacy, which has enabled the institution to attract high quality students to its acclaimed masters
programmes and its undergraduate
programme as well as to build a thriving
community of doctoral researchers.
Congratulations to Dr. Tara Smith who successfully defended her thesis, “The
Prohibition of Environmental Damage during the Conduct of Hostilities in NonInternational Armed Conflict,” on May 3rd
Irish Centre for Human Rights
National University of Ireland,
Galway
Phone: +353 (0)91-493948
Fax: +353 (0)91-494575
E-mail: humanrights@nuigalway.ie
The Centre currently has
eight academic faculty members, comprised of three professors and five lecturers. Fifteen additional lecturers also
serve in an adjunct or visiting capacity.
A total of two project staff, three administrative assistants, a post-doctoral fellow and seven doctoral fellows also play
a key role in carrying out the work of the
Centre. Whilst the Centre is autonomous
in both its physical location and day-today operations, its academic staff are
members of the School of Law at the
National University of Ireland, Galway,
with which the Centre is linked and
maintains a close cooperative working
relationship.
http://www.nuigalway.ie/
human_rights/
SUMMER SCHOOL IN CINEMA, HUMAN RIGHTS AND ADVOCACY
F
ollowing the success of the last seven years in Venice and Gal- facilitators will include Professor William Schabas, professor of interway, The Huston School of Film & Digital Media, NUI Galway, national law at Middlesex University in London and professor at the
together with the Irish Centre for Human Rights will host the fourth Irish Centre for Human Rights, Professor Rod Stoneman, director of
Summer School in Cinema, Human
the Huston School of Film & Digital MeRights and Advocacy in Galway
dia, Christopher Hird, a central figure in
from June 27th to July 6th, 2013. The
independent documentary making in the
programme continues to attract young
UK, Professor Koen de Feyter, professor
talented filmmakers and professionals
of international law at the University of
from across the world to engage in an
Antwerp in Belgium, Emma Sandon, lecexciting training course where ideas and
turer in Film and Television Studies at
projects are shared, developed and chalBirkbeck College in London, Florian Westlenged by fellow participants and interphal, deputy director of communication
nationally acclaimed experts of film,
at the International Committee of the Red
television, photography and human
Cross (ICRC), and Kelly Matheson, prorights. This year’s programme will feagramme director at Witness, an internatures the Human Rights Cinema
tional human rights organization that
Event on July 5th-6th, organised in collabuses video and online technologies to
oration with Amnesty International, Ireraise awareness on human rights violaland and Galway One World Centre, in
tions. Elements of the summer school
order to give participants the chance to
include information on the fundamentals
assist human rights films which forms a
of human rights, how to raise awareness
of human rights on camera, the developbasis for critical discussion.
ment of ideas and how these ideas should be pitched. For further
The programme director is Nick Danziger, a leading practitioner in
information, please visit www.chra.ie or email: info@chra.ie.
the field of human rights documentary making, and he will act as the
senior facilitator of discussions during the summer school. Other