ICCL publishes 2018 Annual Report

Dublin, 16 May 2019

Read our full annual report by following this link.

Referendum Campaigns

ICCL had a busy year in 2018, not least because of our campaigns in two seminal referendums – the referendum to repeal the 8^th, and the referendum to remove blasphemy from the Constitution. You can read about these campaigns on p15 and p21.

In order to comply with referendum rules, we used our membership fees to fund both. We quite literally could not have done it without our members and we are very grateful indeed for their continued support. You can join ICCL here: iccl.ie/join

ICCL staff members Sinéad Nolan and Elizabeth Farries at the ICCL offices on
International Women’s Day 2018

Outside of the referendums, we ran a number of other important campaigns.

Garda Reform

We made significant progress in our 40+-year quest for garda reform with the publication of the Kilpatrick report. The Commission on the Future of Policing echoed many of the recommendations in our report, and we continue to closely monitor implementation of same in 2019. Read more on p12.

Alyson Kilpatrick at the launch of ICCL’s ground breaking guide to implementing human rights reform of Gardai.

Transitional Justice

ICCL made a significant contribution to the struggle for justice for survivors of institutional abuse. We called for a full exhumation at Tuam, as well as the immediate ratification of the UN Convention on Enforced Disappearances. We also made a submission to the Department of Health on their proposed deprivation of liberty legislation. Read more on p14.

Protest sign at Tuam Mother and Baby Home: You cannot silence the children from the graves

Defending Activism

We were proud to be able to support both protesters and artists as they clamoured for human rights and were met with a heavy-handed state response. Our campaign to protect activism and civil society has become a cornerstone of our policy in 2019. Read more on p19.

ICCL commissioned Garreth Joyce to paint a mural for REPEAL (above) in solidarity with Project Arts Centre when the Charities Regulator order they take down Maser’s iconic Repeal mural.

Your Privacy Rights

Ireland is now a global technology hub and with advances on that front come serious threats to our rights. Read all about our programme of work on privacy and surveillance from p22.

Members of the ICCL team take to the streets to record a vox pop on the public services card

Want to support this vital work and more? iccl.ie/donate

Senator Lynn Ruane launches bill for reform of Electoral Act with backing of campaign groups

Dublin, 16 May 2019

Senator Lynn Ruane today launched her bill for reform of the Electoral Act with support from the Irish Council for Civil Liberties (ICCL), Education Equality and Amnesty International.

Senator Ruane said:

“I’m delighted to introduce this reform to support the voices of community and advocacy groups. Ordinary citizens organising together to agitate for progressive change have transformed Ireland in recent years. However, a change to the Electoral Acts made in 2001 has led to a chilling effect on the valid advocacy work of these same groups.”

The bill has been co-sponsored by Independent Senators Lynn Ruane, Alice-Mary Higgins, Colette Kelleher, John Dolan, Frances Black, David Norris, Victor Boyhan, Labour Party Senator Ivana Bacik, Green Party Senator Grace O’Sullivan and Sinn Féin Senator Fintan Warfield.

April Duff, chairperson of Education Equality, said:

“Education Equality was accused of breaching the Electoral Act over €10,000 seed funding from an Irish donor. We never imagined the Act, designed to regulate election spending, would apply to a group like ours which campaigned for an end to the baptism barrier. SIPOC threatened us with prosecution and eventually we returned most the funding, dissolved the association and transferred to a company limited by guarantee. Now we can’t accept donations of over €100.”

Liam Herrick, executive director of ICCL, said:

“Activism is one of the cornerstones of a democracy. When people can make their voices heard, they can bring about real change in our society. However, this law is undermining that fundamental right – something that has been recognised by the EU Fundamental Rights Agency. We urgently need this reform in order to keep our civil society vibrant and effective.”

Colm O’Gorman, executive director of Amnesty International Ireland, said:

“The Electoral Act is completely at odds with Ireland’s foreign policy. Ireland leads on UN initiatives to defend the space for civil society globally and been a vocal critic of repression in countries like Russia, Hungary and Egypt. Even though the Act was not intended to undermine civil society, its broad wording has clearly been used to silence NGOs working on a range of equality and rights issues. This undermines Ireland’s standing when holding other repressive governments to account.”

ICCL and Amnesty International Ireland have been leading the Coalition for Civil Society Freedom’s call for reform of the Electoral Act for over two years. The Coalition, which also includes The Wheel, Front Line Defenders, Transparency International Ireland and Uplift, has the support of over 60 civil society organisations. Over 1200 people have signed an open letter to the Taoiseach calling for this reform.

ENDS/

Notes for editors:

Coalition for Civil Society Freedom statement on Electoral Act: https://www.iccl.ie/coalition-csf-statement-electoral-act/

List of CSOs in support of reform: https://www.iccl.ie/csos-for-electoral-act-reform/

Open letter to Taoiseach: https://action.uplift.ie/campaigns/284

For media queries:

Sinéad Nolan: sinead.nolan@iccl.ie 087 4157162

Repeal the Censorship Act!

Last year’s removal of Maser’s repeal the 8th mural brought censorship of the arts to the forefront of our minds once again. The register of prohibited books is practically obsolete, but until the Censorship of Publications Act is also obsolete, the threat of censorship hangs over artists in Ireland.

Sign our petition calling on the Minister to repeal the act and liberate the arts from the threat of censorship once and for all!

https://my.uplift.ie/petitions/repeal-the-censorship-act

ICCL submission to the public consultation on establishing an Electoral Commission

15 March 2019

ICCL has made a submission to the Department of Housing and Local Government’s public consultation on the establishment of an Electoral Commission.

ICCL supports the establishment of an Electoral Commission because we believe it can strengthen the cohesiveness and transparency of electoral regulation. We call for this body to be entirely independent of government, and that this should be guaranteed through primary legislation and direct funding from the exchequer.

We also believe the establishment of an Electoral Commission would present an important opportunity to amend problematic legislation on international funding for civil society.

ICCL publishes latest edition of Rights News!

Cartoon of two speech bubbles, one choked by rosary beads, the other free.

Cartoonist Harry Burton responds to victory in the blasphemy referendum

From victory for free speech in the blasphemy referendum, to the Guard Our Rights campaign for police reform, mass protests and mass surveillance, it’s been another busy semester for ICCL!

Read all about it in Rights News for Autumn Winter 2018/9: Rights News AW18-9

Open letter to An Taoiseach calling for Electoral Act reform

20 December 2018

An Taoiseach Leo Varadkar

Dept of An Taoiseach

Government Buildings

Merrion St Upper

Dublin 2

20 December 2018

Taoiseach,

Civil Society Organisations (CSOs) are essential for our democracy to function. However in Ireland we are facing increasing restrictions that limit our ability to engage in democratic activities and to raise funds.

The Electoral Act limits the size of Irish donations for ‘political’ purposes and bans donations from international donors. The initial purpose of the law was to prevent foreign interference in elections and referendums – something we all agree with.

However, by defining ‘political’ so broadly as to cover any comment on any issue of public policy, the law is now being used to effectively silence the work of civil society organisations and urgently needs to be amended.

The gagging effect of the Electoral Act means many important voices are not being heard by decision makers and politicians. There’s a risk that increasingly only the wealthy and those who do not need to seek donations to make their views known will get to have their voices heard.

Ireland has been a proud advocate for the role civil society plays defending and promoting democracy and human rights on the international stage. We respectfully call on you to address the problems with the Electoral Act so that civil society in Ireland is free to carry out its own work in defending human rights, deepening democracy and advocating for social justice and equality.

Please find here: a) a link to a petition signed by 1226 individual signatories to this letter and b) link to a list of 60 organisations which support Electoral Act reform. Please also find a statement from the Coalition for Civil Society Freedom on why reform is necessary.

Liam Herrick

Executive Director, Irish Council for Civil Liberties

Open letter Varadkar PDF

Protecting civil society while regulating political advertising

Our democracy depends on voters being able to present and receive correct information about politics. The State should protect that. The State should also protect people when they work together for the common good. Government should facilitate the participation of community and voluntary organisations in political life, including when they fundraise and including when they lobby politicians.

While ICCL welcomes the government initiative to regulate online political advertising, we caution against defining the political so broadly that it impinges on the ability of people who are organised together to advocate for social change. Our democracy depends on voters being able to speak to politicians openly even (in fact especially) when they are organised and working in association.

Read our submission to the government’s Public Consultation on the Regulation of Online Political Advertising here:

ICCL Submission – Public Consultation on Regulation of Online Political Advertising in Ireland

Sign up to the People’s Voice campaign for Electoral Act reform

The Coalition for Civil Society Freedom has been actively and loudly campaigning for Electoral Act reform. We will be bringing the People’s Voice campaign to government next. There is an open letter to the Taoiseach which you, as an individual or organisation can sign here. We hope to present this letter to government officials at an expert seminar on 28 November.

We are also inviting organisations to join the People’s Voice campaign platform. The more of us who call for Electoral Act reform, the more likely we are to be heard. You can sign up to the platform here. Please do so before Friday 23 November.

Sign up to the campaign for Electoral Act reform here

Here are just some of the reasons why we are campaigning:

Education Equality were forced to return €5,500 seed funding they received from the Humanist Association. SIPOC threatened them with legal action under the Act, simply for engaging in their normal advocacy work.
EQUATE were put under so much pressure following a campaign of complaints against them to SIPOC (who also informed their funder) that it contributed to their decision to wind down.

At “The People’s Voice” event we held recently, we heard from other civil society organisations who had similar frightening stories to tell. We heard from Amnesty International on the real and long story behind the case that hit the headlines during the abortion referendum. We ourselves spoke of difficulties we faced when individuals contacted our funders, spuriously claiming we were operating illegally under the Electoral Act. Many more organisations spoke, under condition of anonymity, about their experiences of being threatened with legal action or of reconsidering donations and advocacy work because of the law.

The bottom line is: the Electoral Act prohibits civil society from fundraising for our everyday advocacy work. The way in which it is applied is haphazard, but it can be abused by individuals who take issue with some of the more radical work we are engaged in. Organisations working on rights have been particularly targetted up to now, but who knows who it might be in the future?

Electoral Act stifling NGOs says EU Rights Agency

Dublin, 11 October 2018

The Irish Electoral Act has been strongly criticised by a broad coalition of NGOs and the EU Fundamental Rights Agency. The coalition of NGOs has published a policy paper with proposed amendments to the law and will send an open letter to the Taoiseach.

Speaking in Dublin this afternoon, Waltraud Heller of the EU Fundamental Rights Agency (FRA) said the Act potentially constituted a “blanket ban on foreign funding”, something which is incompatible with international human rights law. The international NGO CIVICUS also addressed the conference and presented comparative research into how “political” activity by NGOs is regulated in Ireland and three other EU countries.

Three NGOs who have felt the stifling effect of the Act are EQUATE, Amnesty International Ireland and Education Equality.

Michael Barron of EQUATE said:

“Documents released to us under a Freedom of Information request make clear that both the application of the law, as well as the procedures followed by the Standards in Public Office Commission towards us, were disproportionate and deeply unfair.In early 2017, EQUATE spent a lot of time and energy in responding to SIPOC’s queries – this included taking legal advice. Our (Irish) funder was also contacted directly and had to seek independent legal advice. These circumstances were obviously a source of stress and, as a small organisation, had a significant impact on our capacity to carry out our everyday work. They were a huge factor in our eventual decision to wind down. What is shocking about the documents is that you can clearly see that the complaints were examained and that SIPOC were satisfied with EQUATE’s response until a more intense campaign of complaints began. These complaints came from a person, prominent in a religious organisation, who was opposed to EQUATE’s work.”

The Electoral Act forbids anyone engaging in “political” work from accepting any donations from abroad, anonymous donations above €100, or domestic donations of more than €2,500 from any one source. Its definition of “political” is so wide that it includes the general advocacy work of many organisations. In recent years, this is how the body which enforces the Act (Standards in Public Office Commission – SIPOC) has been interpreting this term, with its investigations often originating in complaints by third-parties who disagree with the organisation’s work. It has also been targetting donations from Irish donors under the Act.

Above: Val Heller of the EU FRA (centre) with Michael Barron and April Duff.

The conference was organised by the Coalition for Civil Society Freedom, which is led by the Irish Council for Civil Liberties and is comprised of The Wheel, Uplift, Amnesty International Ireland, Front Line Defenders, Transparency International Ireland and ICCL. They say that the Electoral Act is violating numerous basic civil and political rights, including the right to freedom of association and the right to freedom of expression, and that they are “gravely concerned that Ireland’s democratic values are compromised”. They will send an open letter to An Taoiseach calling for Electoral Act reform.

ENDS

For comment:

Michael Barron, former executive director of EQUATE (contact through Sinéad Nolan, below)

April Duff, legal officer for Education Equality (contact through Sinéad Nolan, below)

Ivan Cooper, Director of Public Policy with the Wheel (contact through Sinéad Nolan, below)

Waltraud Heller of EU FRA (contact through Sinéad Nolan, below)

Cathal Gilbert of CIVICUS (contact through Sinéad Nolan, below)

Fiona Crowley. Research and Legal Manager for Amnesty International Ireland (contact through Sinéad Nolan, below)

Liam Herrick: liam.herrick@iccl.ie 087 2351374

For media queries and advance copies of any of the papers to be presented:

Sinéad Nolan: sinead.nolan@iccl.ie 087 4157162

Coalition for Civil Society Freedom event

Keeping The People’s Voice in Power

An event supporting the campaign for Electoral Act reform

WHAT:

The Coalition for Civil Society Freedom invites all to attend a public meeting on Thursday, 11 October from 2pm – 5pm at Woodquay Venue, Dublin. The purpose of this meeting is to raise issues and inspire discussion relating to the methods currently available to people in Ireland when it comes to engaging with the political system. Representatives from the EU Fundamental Rights Agency (EU FRA) and Civicus (the World Alliance for Citizen Participation) will speak from 2pm until 3pm and the public meeting will follow.

WHY:

Your vote shouldn’t be the only way that you can engage with the political system.

If you’re concerned about an issue, you should be able to start a voluntary or not-for-profit group. Your group should also be able to fundraise and engage in advocacy, ie speak to your local TD, start an awareness campaign, or organise a protest. In short, you should be able to make your voice heard.

However, in Ireland right now, if your organisation engages in both fundraising and advocacy you risk falling foul of the Electoral Act and the body which oversees its enforcement – the Standards in Public Offices Commission (SIPOC).Your organisation may be forced to close down, and you yourself could be threatened with legal action.

That’s why the Coalition for Civil Society Freedom is campaigning for reform of the Electoral Act. We’re campaigning to keep #thePeoplesVoice in power.

Join us from 2pm to discuss what FRA described in January as “a blanket ban on foreign funding” in Ireland. Afterwards we will host a discussion on real-life stories of the impact the Electoral Act is having on community and voluntary organisations. We will encourage people to share their stories. We’ve already seen Education Equality have to dissolve and transfer to a limited company which can’t accept donations of over €100. Amnesty have had to battle SIPOC in court, and risked losing credibility with the public, over legitimate international funding for a human rights campaign. Organisations have been threatened with legal action and some have had to close down altogether. Both Amnesty and Education Equality will speak at the public meeting. We hope you can join us for this event.

If you can’t join us, why not add your voice to the campaign for reform here