Behind the scenes at #TechForGood
Dublin, 4 September 2019
ICCL invited some of the world’s most exciting online activists to Ireland to talk to the bright sparks of Dublin’s tech industry about how to protect human rights during their work.
Here’s some behind-the-scenes footage from the event:
David Carroll sued Cambridge Analytica, helping to expose the murky world of data harvesting and voter targetting that threaten 21st century democracy. Laura Nolan took a principled stand against the development of killer robots and is now spearheading the movement to have them banned, for good. Ramy Raoof trains human rights activists to safeguard themselves online, using his techie skills to protect those who protect rights.
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Preliminary report: ICCL National Consultation with Protesters
26 June 2019
ICCL travelled to Cork, Ennis and Dublin between 19 and 22 June to meet with environmental activists, anti-war protesters, anti-eviction groups, and activists living in Direct Provision. We had individual meetings with some groups and we also met with representatives of An Garda Síochána and relevant oversight bodies.
It is clear to ICCL that there is a wide gap between the stated position of the Garda with regard to protecting the rights to protest, and the experiences of many of the groups involved in organising a wide range of demonstrations and protests. The lack of clear and transparent information about police policy and training, and the lack of public data about the use of legal powers and the use of force present serious weaknesses in the Irish approach to managing protests.
The salient point for us has been that, while the government and An Garda Síochána are supportive of large protests taking place on the main thoroughfares of Ireland, when it comes to protesters living on the margins of society or protesting outside of the media spotlight, the garda and state response can be much more heavy-handed.
Read the full report and our recommendations here
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ICCL highlights urgent concerns for the right to protest following national consultation
26 June 2019
The Irish Council for Civil Liberties (ICCL), having engaged last week in a national consultation with protest groups, is today reporting serious and urgent concerns in how the Irish state deals with protest and dissent.
We have been informed that activists living in Direct Provision deal with retribution up to and including the with-holding of food and benefits for holding protests, and that housing activists arrested at evictions have been subjected to degrading treatment such as strip-searching.
ICCL travelled to Cork, Ennis and Dublin between 19 and 22 June to meet with environmental activists, anti-war protesters, anti-eviction groups, and activists living in Direct Provision. We also met with representatives of An Garda Síochána and relevant oversight bodies.
Director of ICCL, Liam Herrick, said:
“The salient point for us has been that, while the government and An Garda Síochána are supportive of large protests taking place on the main thoroughfares of Ireland, when it comes to protesters living on the margins of society or protesting outside of the media spotlight, the garda and state response can be much more heavy-handed”.
It is clear to ICCL that there is a wide gap between the stated position of the Garda with regard to protecting the rights to protest, and the experiences of many of the groups involved in organising a wide range of demonstrations and protests.
The lack of clear and transparent information about police policy and training, and the lack of public data about the use of legal powers and the use of force present serious weaknesses in the Irish approach to managing protests.
We received reports of garda misuse of the Public Order Act (through arresting protesters and later dropping charges), of garda intimidation of protesters (through photography, following cars, harassment, and stop-and-search), of serious deficiencies in GSOC handling of complaints, and of gardaí imposing limits on where people can protest without a clear basis in law.
International standards state that sit-ins and meetings are protected by the right to protest and may extend to private spaces accessible to the public. However, we heard a number of serious specific issues around protests at or near privately owned land – including during evictions and at Direct Provision centres.
We received reports that gardaí themeslves are evicting protesters from squats when media are not present. Protesters have also been arrested from public spaces such as city councils. We received reports that gardaí have subjected those arrested at protests to treatment that interferes with their right to dignity, including psychological trauma, strip-searching and being forced to squat and cough. Arrested protesters have allegedly been encouraged to give statements without lawyers present, and in some cases even denied access to their lawyers.
We are extremely concerned that the rights to assembly, to free expression and to free association are being curtailed by private operators of Direct Provision centres, allegedly with the support of An Garda Síochána. Residents informed us that their meetings have been labelled “illegal”, that people have been escorted in handcuffs to public spaces where they are “allowed” to protest, and that food and benefits have been withheld in response to protests.
ENDS/
Full report and Press Conference:
During the consultation, ICCL travelled with an international expert on the right to protest, Michael Power. Michael will present his report at a press conference in Buswell’s Hotel at 11am on Wednesday 26 June.
The Policing Authority will meet the Garda Commissioner at 2:30pm on 26 June to present their latest report on public order policing.
Notes for editors:
The Irish Council for Civil Liberties is Ireland’s leading independent human rights body. We monitor, educate and campaign to secure all human rights for everyone.
Michael Power is a public interest lawyer, based in South Africa, and a consultant to the International Network of Civil Liberties Organizations (INCLO) in its Protest Rights and Policing thematic area. Michael has advised and represented civil society organisations, social movements and activists in various courts and commissions of inquiry in defence of the right to protest, and he has appeared before the African Commission on Human and Peoples’ Rights and the United Nations Human Rights Committee to assist in setting international standards on the right to freedom of association and assembly. More information about Michael can be found here.
For media queries:
Sinéad Nolan: sinead.nolan@iccl.ie 087 4157162
ICCL National Consultation with Protesters
ICCL travelled to Cork, Ennis and Dublin between 19 and 22 June to meet with environmental activists, anti-war protesters, anti-eviction groups, and activists living in Direct Provision. We also met with representatives of An Garda Síochána and relevant oversight bodies.
Here’s a video report of the Dublin leg of our conference:
Click here to read more
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Statement on BAI’s proposals for internet regulation
Dublin, 24 June 2019
Protecting certain groups from harmful content should not translate into totalitarian state structures capable of indiscriminate surveillance and censorship of our private communications.
At ICCL we are deeply alarmed by BAI’s proposals for internet regulation, including their proposals to access, monitor and censor the private communications of people living in Ireland. Such proposals ignore a long established body of human rights doctrine protecting our important rights including privacy, association, and expression.
We have spoken out before against overly broad regulation which might lead to censorship of legitimate forms of speech: https://www.iccl.ie/…/iccl-submission-digital-safety-commi…/
Like the BAI, we also made submissions to Department of Communications regarding best practices for online content regulation. However, our submissions place human rights analysis at the centre: https://www.iccl.ie/…/iccl-submission-to-the-public-consul…/
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
Human rights and arts organisations call for repeal of Censorship Act
Dublin, 29 April 2019
On 30 April, as part of Dublin UNESCO’s One City One Book, a coalition of human rights and arts organisations will come together to call for the immediate repeal of the Censorship of Publications Act.
One year after the forced removal of Maser’s repeal the 8th mural at Project Arts Centre a number of speakers – including writer Una Mullally, Cian O’Brien, artistic director of Project, and Beth Hayden of Glitter HOLE – will address their experiences of censorship and self-censorship.
In 2018, the ordered removal of Maser’s Repeal the 8th mural and the cancellation of Mullally’s The Question of the Eighth brought censorship of the arts to the fore yet again. In April of this year DIY drag collective Glitter HOLE announced that they had been forced to cancel their age-appropriate Drag Storytime event at the Lexicon Library due to ‘archaic homophobia’ and violent threats against them. In presenting the reason for cancelation as “an age-appropriate review”, DLR did little to protect and promote free speech as is their duty as a state body.
Sign the petition to Repeal the Censorship Act
In 1929 the Irish Free State Government passed the Censorship of Publications Act, which created the Censorship of Publications Board. In 2019, this Board still has the authority to prohibit any book or periodical that they find to be obscene. Ireland has seen ground-breaking referendums on marriage equality, abortion, and blasphemy. Now our coalition is calling for the repeal of the Censorship of Publications Act, in the name of personal freedom and mutual respect.
Mullally, Glitter HOLE and O’Brien will be joined for debate on the day by Lian Bell, campaign director of Waking the Feminists, historian Donal Fallon, broadcaster Evelyn O’Rourke, arts campaigner Angela Dorgan, NCAD professor Declan Long, and poet and barrister John O’Donnell. The event will take place over two panels with an intermission discussion featuring exiled Turkish theatre group Be Aware. There will be built-in space for audience input to the discussions.
The Best Banned in the Land event is part of the Dublin: One City One Book festival. It is the result of collaboration between the Irish Council for Civil Liberties, the Irish Writers Centre, Poetry Ireland, the Writers’ Guild and Project Arts Centre. It is kindly sponsored by Dublin UNESCO City of Literature.
ENDS/
See more of ICCL’s work for freedom of expression
For media queries and press invites:
Sinéad Nolan: 087 4157162
Eimear O’Reilly: eimear@projectartscentre.ie
ICCL submission to the public consultation on regulation of online content
ICCL submitted a report on online content moderation to the Department of Communications on 15 April 2019. In it we assert that fundamental rights, including to privacy and to free expression, apply as much online as they do off. We identify some difficulties and present recommendations for their resolution.
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ICCL calls for immediate legislation for safe zones around abortion clinics
Dublin, 8 January 2019
The Irish Council for Civil Liberties (ICCL) today welcomed the announcement by Minister for Health Simon Harris that he intends to legislate for safe zones around abortion provision centres and called for him to move to enact such legislation immediately.
Speaking today, ICCL Executive Director Liam Herrick said:
“ICCL attaches great importance to the right to peaceful protest. However, the right to protest is not absolute and does not include a right to intimidate, harass or prevent women from accessing health care, including abortion services. Recent protests at health clinics appear to have been targetting women with the intention of deterring them from accessing health services.
The Irish government is obliged by international treaties to which we are party, as well as by our own Constitution, to protect the right to privacy. It is also obliged to protect access to healthcare and to ensure that healthcare professionals working in these settings have the right to work in a safe environment.”
Under human rights law, the right to protest may only be interfered with in specific circumstances, including in order to protect the rights and freedoms of others. Protecting the right to access healthcare and the right to privacy can be considered legitimate grounds for interfering with the right to protest, as long as the measures taken are necessary, proportionate and provided for by law.
Existing provisions in Irish law for responding to protestors using intimidation and harassment do not provide adequate protection for individuals seeking to access abortion services because they rely on the discretionary use of powers by Gardaí.
Mr. Herrick continued:
“Where there is evidence of a pattern of orchestrated and organised interference with individual rights, such as the right to access healthcare, general measures to protect individual patients and healthcare workers may be necessary. The creation of exclusion zones that prohibit such behaviour within a specified area around healthcare premises would help to fulfil individuals’ right to privacy and right to access healthcare. ICCL looks forward to the publication of legislation in this area, and we will examine it carefully to ensure that any proposal provides a proportionate balancing of rights.”
The use of such exclusion zones has been found in other jurisdictions to constitute a proportionate and necessary interference with the right to protest. Máiréad Enright of Lawyers for Choice has provided a detailed analysis of the legality of exclusion zones and how they might be provided for in Irish law here: https://lawyers4choice.ie/2019/01/05/a-note-on-exclusion-zones-rogue-crisis-pregnancy-agencies-possibilities-for-reform/
ENDS/
Notes for editors:
The right to protest plays a crucial role in democracy and can be a significant driver of positive social change. The right derives chiefly from the right to freedom of assembly and the right to freedom of expression. It involves the exercise of a range of other rights including the right to take part in the conduct of public affairs, the right to freedom of thought, conscience and religion and the right to participation in cultural life. As such, the right to protest attracts significant legal protection under the Irish Constitution, the European Convention on Human Rights (EHCR) and the International Covenant on Civil and Political Rights, (ICCPR), to which Ireland is a State Party.
The International Covenant on Economic, Social and Cultural Rights (ICESCR) requires States Parties (which includes Ireland) to fully realize the right to health. Access to health services forms one of the pillars of the right to health. The UN Treaty Body charged with interpreting the ICESCR has held that “health facilities, goods and services must be within safe physical reach for all sections of the population, especially vulnerable or marginalized groups”. The government is therefore required to prevent third parties from hindering access to healthcare.
The right to privacy and confidentiality is one of the personal rights protected by the Irish Constitution, and is explicitly protected under the ECHR and the ICCPR. The government must ensure that third parties do not interfere with the right to privacy of individuals when accessing health care services.
Under existing Irish law, protestors who are considered to be breaching the public peace without lawful authority or reasonable excuse or to be causing harassment, alarm or distress may be restricted. The Criminal Justice (Public Order) Act 1994 gives the Gardai a broad power to ‘move on’ individuals when there is reasonable concern for the maintenance of the public peace. A person commits an offence if he or she, without lawful authority or reasonable excuse, willfully prevents or interrupts the free passage of any person in any public place. The Gardai can also potentially use powers under The Criminal Justice Act 2006 to issue a behaviour warning in response to behaviour which causes or is likely to cause harassment, significant or persistent alarm, distress, fear or intimidation. The fact that the Act applies to behaviour “likely to” cause alarm etc. means that there need not be an actual victim.
Sinéad Nolan: sinead.nolan@iccl.ie 087 4157162
