Les Allamby was took up his position of Chief Commissioner of the Northern Ireland Human Rights Commission in September 2014. Mr. Allamby is former Director of the Law Centre NI.
Having taken up the post as Chief Commissioner in September 2014 my first six months in the job have been diverse, which is reflective of the breadth of work undertaken by the Northern Ireland Human Rights Commission itself. The Commission, established on the basis of the Belfast (Good Friday) Agreement, plays a central role in shaping a society as it emerges from conflict. Our powers and duties are contained in the Northern Ireland Act 1998 Act as amended by the Justice and Security (Northern Ireland) Act 2007.
I am keen to see human rights used as a valuable and practical way of improving people’s lives. Much of our work rolls on year on year, such as litigation, advice to Government on policy and proposed legislation, education and training. As an “A Status” UN-accredited human rights institution, we strive to be Northern Ireland’s human rights guardian and centre of excellence.
We currently have three pillars of priority, namely, good governance, austerity and dealing with the past. One of my first roles in post was as Chair of a Panel-led Human Rights Inquiry into Accident and Emergency Services in Northern Ireland. The inquiry was a new working initiative for the Commission. Public participation was at the heart of its focus; we ran a dedicated confidential phone line and held a series of public meetings across Northern Ireland in the autumn of last year. Through this we listened to the positive and critical views of patients, family members, health care staff and representatives. Panel members included the former UN Special Rapporteur on the Right to Health, Paul Hunt and fellow Human Rights Commissioner Marion Reynolds.
The Inquiry is now considering the human rights obligations of the Northern Ireland Executive and other relevant public authorities, and we will be identifying the extent to which the human rights of people seeking emergency care are respected, protected and fulfilled in practice. We will also identify good practice and make recommendations for improvement. Currently in the final write up stage, the report will be published at the end of May 2015 and we hope it will make a practical difference to our local services.
The Commission has also published an investigation into hate crime motivated by racism in Northern Ireland. We found that racist hate crimes were not correctly identified by criminal justice agencies’ and as a consequence many were not progressed through the justice system. We made a series of recommendations and continue to work with agencies in our follow up process.
Another crucial piece of work which continues to draw significant interest is our pending judicial review of the termination of pregnancy laws in Northern Ireland.
Given the vulnerability of women and girls in these situations, we considered it of public importance to use our powers to bring the case in our own name. We are seeking a change in the law so that women and girls in Northern Ireland have the choice of accessing a termination of pregnancy in circumstances of serious malformation of the foetus, rape or incest.
Termination of pregnancy is currently available in Northern Ireland if it is necessary to preserve the life of a woman including where there is a risk of a serious and adverse effect on her physical or mental health which is either long term or permanent. The Department of Justice has recently announced its intention to bring forward legislation to cover terminations in cases of lethal foetal abnormality only.
We initiated proceedings against the Department of Justice, as we view the existing law is a violation of human rights. We believe the case directly engages Articles 3, 8, and 14 of the European Convention on Human Rights, freedom from torture and inhuman and degrading treatment or punishment, the right to privacy and freedom from discrimination. The hearing date has been fixed for three days from 15 June 2015 and we await the outcome of this important legal process.
The Commission also plays a valuable role in scrutinising legislation. Our Annual Statement on Human Rights to the N.I Assembly provides a benchmark of progress across wide ranging areas of public policy where human rights standards play a role. We also work in partnership across all sectors as we remain convinced that this is the most effective way to protect and promote human rights.
For example we work closely with the Irish Human Rights and Equality Commission in relation to cross–jurisdictional issues. Locally, we recently issued a report with Carers NI which examined the lived experiences of carers in Northern Ireland and how their caring responsibility impacts on their enjoyment of rights. With at least 214,000 Carers in Northern Ireland providing unpaid care, the report made practical recommendations needed to improve support levels for carers. We have also worked with the Northern Ireland Ombudsman to produce a manual on human rights that can be used to assist in decision making. Moreover we have provided training to government departments, the Police Service of Northern Ireland and others to examine how human rights standards, concepts and case law can assist in decision and policy making processes. We are also working on providing a legal analysis of the provisions of the Stormont House Agreement which aim to deal with the past.
The Commission’s next strategic phase commences in 2016 and we look forward to looking how an applied and practical human rights approach can make a contribution to improving people’s lives.