freedom of expression Archives - Page 2 of 2 - Irish Council for Civil Liberties

Outcome of Amnesty case highlights flaws in Electoral Act

This op-ed by Liam Herrick appeared in the Irish Times on 31 July 2018

For community and voluntary organisations across Ireland, yesterday’s settlement of the court proceedings between Amnesty International Ireland and the Standards in Public Office Commission (SIPOC) brought great relief.

At the High Court, SIPOC withdrew its demand for Amnesty to hand back a grant received in 2015 from the Open Society Foundations, conceded that it had treated Amnesty unfairly, and agreed to close its investigation into Amnesty’s human rights work.

This outcome is a vindication for Amnesty but the case does provide a clear indication that certain provisions of the Electoral Act are deeply flawed, and raise serious concerns about how the law is applied to civil society by the statutory regulator.

Here at ICCL we are aware of cases other than Amnesty’s, where SIPOC’s enforcement of the Electoral Act has shut down civil society advocacy, and where the groups were too small to fight back.

At a press conference we held earlier this month, Education Equality, a voluntary group working to reform education policy, told the story of that organisation’s experiences with SIPOC.

Having received a starter grant of €10,000 from the Humanist Association of Ireland, Education Equality was informed by SIPOC that its aim of ending of the ‘baptism barrier’ to entry to primary schools was deemed “political” under the Electoral Act. As a result it was forced by SIPOC to return funds received.

These are two voluntary organisations trying to contribute to public policy in an open and transparent manner, who were threatened with prosecution for activities that had nothing to do with any election or referendum campaign.

The original purpose of the Electoral Act was to prevent inappropriate corporate or foreign funding of candidates and parties. However, the law was poorly drafted and contains an overly broad definition of ‘political purposes’ and the types of activities to be covered by the funding rules. The definition includes not just electoral campaigning but also all efforts at “promoting or procuring a particular outcome in relation to a policy or policies or functions of the Government or any public authority”.

In plain language, that means that the rules apply to any effort to take part in public debate, whether you are a community organisation campaiging for better local amenities, or a national charity calling for better provision of health care or housing. Ironically, a law introduced to clean up politics is now being used to shut down organisations that hold politics to account on behalf of the public.

SIPOC has many questions to answer arising from this case, particularly on how it deals with civil society organisations that are not political parties, and how it processes complaints from the public. In yesterday’s settlement SIPOC accepted that its enforcement attempts against Amnesty’s ordinary human rights work did not follow basic fair procedures. As a statutory body regulating an essential area of our public life, these cases should prompt a comprehensive review of how it interprets and applies the law in this area.

There is also a glaring issue of contradiction between Ireland’s international position on this issue and the situation under domestic law. Globally, Ireland takes a lead on the issue of protecting civil society space, with our diplomats at the UN recently driving a Human Rights Council resolution on the issue and Irish Aid actively providing ‘foreign’ funding to civil society organisations in other countries. At the same time, the EU Fundamental Rights Agency has criticised Ireland for operating funding rules that are similar to those used by repressive governments in other European countries to shut down human rights organisations.

The EU Fundamental Rights Agency has criticised Ireland for operating funding rules that are similar to those used by repressive governments in other European countries to shut down human rights organisations.

Over the past year, we have raised the issue with both the Department of Housing and Local Government and the Department of Foreign Affairs and Trade and we have had positve and constructive engagement with both Departments. In fact, we were assured by the Tanaiste Simon Coveney that “A key priority for Ireland is to ensure coherence between the promotion and protection of human rights in our foreign policy and our domestic implementation of our international human rights obligations.”

We firmly believe that Ireland’s international position is a true reflection of the values of the Irish people and of the parties in the Oireachtas. We have a vibrant community and voluntary sector and Government should support the widest possible involvement of these groups in public policy making. We believe it is possible to provide an encouraging environment for such groups while retaining the integrity of our electoral system. Hopefully yesterday’s settlement will act as a catalyst for change.

Sr. Stanislaus Kennedy on the importance of charities’ ability to advocate for change

Sr. Stanislaus Kennedy is the founder of Focus Ireland. She spoke at a press conference organised by ICCL on 6 July 2018.

This is a very important debate in Ireland today. I want to speak about the area known as charities.

Focus Ireland is regarded as a charity, but Focus Ireland is much more than about providing services. It’s fundamentally about challenging the political choices that can lead to homelessness, that can enable people and indeed make people fall into homelessness. The other organisation that I’m also involved with is the Immigrant Council of Ireland. That’s a human rights organisation and a law centre, and while it does work with immigrants it does a lot of work in trying to reform the immigration system.

We look back at the history of Ireland and practically everything that’s happened – education, health, youth services – you’ll find they all have their roots in the voluntary sector. They weren’t just providing services, they were also lobbying for changing the system that was causing the problems they were trying to resolve. Richard Titmuss, a leading thinker on social policy, said: the way a society organises itself can diminish or increase the altruism of that society. He wasn’t just talking about services. It was very clear he was talking about the role of civil society in enriching democracy.

Take housing: all the changes that have taken place in housing – all the reforms – have been the result of a concerted campaigning for change. The first Housing Act was in 1988 and that for the first time defined homelessness. And that was a very important thing because up to that point there was no thought given to it – but the Act didn’t only define it in terms of people who were actually homeless, but also people who were at risk of homelessness, and that gave rise to further change. It was the result of prolonged political campaigning by Brendan Ryan, supported by the organisations at the time – Simon, Focus and Threshold. That was really a breakthrough because it defined homelessness, but it also addressed the responsibility of the state to do something about homelessness: to provide housing. Up to that the only thing that existed was shelters, hostels and dinner centres. As a result of that Act, funding was made available for housing for homelessness, and the first housing was provided in 1991 by Focus Ireland in Stanhope Green. That Act came about because of campaigning and since has been the basis of the further campaigning that has been going on.

We can look at the Children’s Act. That ended widespread street homelessness among children and young people. Again it came about as a result of consistent campaigning and lobbying by child care services and people involved in homelessness. The various amendments were also as a result of campaigning. Look at aftercare of children in the state – there was no provision for aftercare. Young people left care at 18 with no services whatsoever. As a result of 15 years of consistent campaigning by Focus Ireland the changes took place, and for the first time the state had legal responsibility for people leaving care.

If we look at the Immigrant Council of Ireland: a number of changes have taken place as a result of its work. One has to do with victims of domestic violence. Women victims of domestic violence – many of them had no status except they were dependent on the status of their spouse. This meant they couldn’t leave the house – it would have been illegal and they could have been deported. ICI lobbied for change and they were enabled to apply for independent immigration status, which gave them much more authority and more opportunity to have their cases heard.

Similarly in more recent times there was a coalition of voluntary bodies – a large coalition spearheaded by ICI about the protection of victims of prostitution. That took 6 years and the result was the Sexual Offences Act came into law last year.

Many if not most of the reforms which modernised Ireland and made it better and more humane have been as a result of action by civil society organisations. But much more needs to be achieved. If civil society is prevented from being a wellspring of vision for a better society and a force for transformation, where will change come from? I think it won’t come. And society will stagnate, and the injustice will increase and there will be no effort to tackle injustice or inequality, and the powerful groups will predominate.
In saying this I’m very clear about the importance of the regulation of charities – trust and transparency. But many charities have taken a lead in this, long before it was legally adopted. And now they’re in the forefront in calling for mandatory legal regulation. I’m also aware of the importance of protecting the integrity of the electoral system and how trust was eroded so much by the donation system. But in clearing up the electoral system, this should not prevent a vibrant, active civil society flourishing and taking an active part in democratic debate. Scandals such as corruption, which so corrupted the planning system and left a legacy of poor quality overpriced and inadequate housing. But it would be an extraordinary and bitter irony if attempts to learn the lessons of this corruption silenced the organisations which are the voice of the people who are experiencing that legacy, of the injustice of poor quality, overpriced and inadequate housing.

ICCL welcomes Amnesty result; calls on Government to amend unclear law

Dublin, 31 July 2018

The Irish Council for Civil Liberties (ICCL) today welcomes the outcome of the legal challenge taken by Amnesty International Ireland against the Standards in Public Office Commission (SIPOC). SIPOC has agreed to fully retract its demand for Amnesty to return a grant that Amnesty received in 2015, years before a Referendum on the 8^th Amendment was called, from the Open Society Foundation for work on reproductive rights.

Director of ICCL, Liam Herrick, said:

The regulator has many questions to answer, particularly on how it deals with civil society organisations who are not political parties, and how it processes complaints from the public. It is clear that this case came about because of a complaint from an individual who did not agree with Amnesty’s work on reproductive rights. Amnesty have been fully vindicated by this outcome, but the reputational damage which they, and the entire human rights sector, have suffered as a result of this flawed decision is profound. That this should have occurred in advance of a highly contested referendum demonstrates the seriousness of this issue for how we regulate democratic participation.

ICCL believes this case demonstrates emphatically that laws intended to regulate undue foreign influence on election campaigning cannot be applied to the more general advocacy work of civil society. On the global stage Ireland takes a lead on the issue of protecting civil society space, with our diplomats at the UN recently gathering the necessary support for a Human Rights Council resolution on the issue and Irish Aid actively providing foreign funding to civil society organisations in other countries. There is a glaring contradiction between this strong principled position and the retention of domestic laws which have the effect of stifling civil society at home.

This is not the only case of its type. Over the past year, ICCL and our colleague organisations have been made aware of several similar cases where small voluntary and community organisations have been the subject of complaints to SIPOC, with often severe effects on their work. We raised our concerns on this matter with SIPOC in August 2017 but did not receive an answer. We subsequently raised the issue with the Department of Housing and Local Government and the Department of Foreign Affairs and Trade, both of whom adopted a stance supportive of our position. In fact, we were assured by the Tanaiste Simon Coveney that “A key priority for Ireland is to ensure coherence between the promotion and protection of human rights in our foreign policy and our domestic implementation of our international human rights obligations.”

Mr Herrick stated:

This case shows that the law is unworkable and must be changed. ICCL has formed a coalition of organisations who are committed to working with Government to find a better solution for everyone. We are today calling on SIPOC to immediately review its application of the Electoral Act to civil society organisations. We further call on the government to act with urgency in reviewing this deeply flawed legislation.

ENDS/

Sign the petition for reform here: https://action.uplift.ie/campaigns/284

Notes for Editors:

More information on the Electoral Act: https://www.iccl.ie/human-rights/civil-society-space/reform-electoral-act/

https://www.iccl.ie/human-rights/civil-society/opinion-allow-foreign-donations-support-activities-irish-civil-society-organisations/

Civil society organisations under threat at home whilst Foreign Affairs champions civil society abroad

Dublin, 6 July 2018

The Irish Council for Civil Liberties (ICCL), along with a coalition of other leading civil society organisations, this morning held a press conference to mark the adoption of a landmark Irish-led resolution on the importance of civil society space by the UN Human Rights Council.

Welcoming Ireland’s leadership on this issue at the UN, the ICCL also called on the Irish government to practice at home what its Department of Foreign Affairs and Trade (DFAT) is preaching abroad. While Ireland is a leader in defending civil society internationally, civil society at home faces increasing difficulties relating to our poorly drafted electoral laws. Small non-governmental organisations such as Education Equality, for example, have been forced to return part of their seed funding due to restrictive legislation on funding. This is due to an overly broad definition of “political purposes” in section 22 of the Electoral Act 1997 as amended, which falls to the Standards in Public Office Commission (SIPOC) to enforce.

April Duff of Education Equality said:

“We were told we had to give back part of €10,000 in seed funding because we were going to use it for ‘political’ purposes. Our work involves campaigning for equality of access to education for all children regardless of religion. We don’t consider that to be political – that’s advocacy for human rights. Does this mean that no-one can receive funding for human rights?”

Sign the petition to reform the Electoral Act here: https://action.uplift.ie/campaigns/284

Speaking at the conference, director of ICCL, Liam Herrick said:

“As leading Irish civil society organisations, we are strongly supportive of the role Ireland is playing internationally, speaking up for our colleagues facing oppressive laws and crackdowns on civic space around the world. Unfortunately, however, civil society in Ireland is also currently facing some of the threats which the DFAT is specifically concerned about abroad. The UN resolution calls attention to the fact that restrictions on funding for civil society actors undermine the right to freedom of association and calls on states to ensure they are in compliance with their international commitments on this front. But those exact kinds of restrictions are in place here”.

Sister Stanislaus Kennedy said:

“The importance of civil society for democracy cannot be underestimated. Many Irish people dedicate themselves, including in their free time, to the betterment of society for all. These people often witness the injustices in our society or corruption in our political systems and take it upon themselves to advocate for change. This is very different to political work and must be protected in ways that are different to how we regulate the political system”.

Pictured (l-r) Sr. Stanislaus, Focus Ireland, Liam Herrick, Executive Director – Irish Council for Civil Liberties, (centre), April Duff, Legal Officer, Education Equality, Steve Lawson, Humanist Association of Ireland and Ivan Cooper, Director of Advocacy with The Wheel. Picture Conor McCabe Photography.

Steve Rawson said:

“Given Irish Aid’s support of many civil society actors carrying out work abroad which Sipoc would likely deem to be political, it is high time that reform of these provisions take place so that Ireland is applying the same rules at home as abroad”.

Cathal Gilbert of Civicus said:

“CIVICUS welcomes the adoption of the resolution led by Ireland on behalf of a core group of States on civil society engagement with international and regional organisations. The resolution recognises the fundamental contribution civil society makes in building pluralistic democracies and in engaging in multi-lateral processes. It also encourages International and regional organisations to open up access for civil society. CIVICUS acknowledges and appreciates Irelands open consultation with civil society in the drafting of the resolution and their commitment to working with civil society at all levels”

ICCL will launch a campaign on civil society space in September. Drawing together a broad coalition of NGOs, the campaign will aim to bring about change in the Electoral Acts, and will also campaign for the inclusion of human rights as a charitable purpose. Sign the petition calling for change here: https://action.uplift.ie/campaigns/284

ENDS/

Notes for editors:

Members of the CSO coalition also present at today’s press conference: Front Line Defenders, Transparency International Ireland, The Wheel and Uplift.

NGOs call for greater protection of domestic civil society as Foreign Affairs launches resolution at UN

Dublin, 6 July 2018

Five civil society organisations will today hold a press conference to welcome the approval by the UN Human Rights Council of an Irish-led resolution on civil society space, and to call for the principles to be applied domestically. The resolution focuses on the importance of freedom of association and defending the rights of civil society to operate freely in democratic societies and is one of Ireland’s ‘flagship’ human rights priorities at the UN level.

The coalition of organisations – including the Irish Council for Civil Liberties, The Wheel, Transparency International Ireland, Front Line Defenders, and Uplift – say the threat to civil society is not restricted to other regions, and that in Ireland the application of the Electoral Acts, which prohibit any “foreign donations” for ill-defined “political purposes”, to civil society organisations is particularly problematic.

For example, in 2017, Education Equality were ordered by the Standards in Public Offices Commission (SIPO) to return part of a €10,000 seed funding donation to the Humanist Association of Ireland. April Duff of Education Equality and Steve Rawson of the Humanist Association of Ireland will today speak about their case for the first time.

Sign the petition to reform the Electoral Act here: https://action.uplift.ie/campaigns/284

Director of the Irish Council for Civil Liberties (ICCL), Liam Herrick, said:

“Over the past year Irish civil society has experienced increasing difficulties with the application of financial restrictions, designed to prevent foreign interference in our elections, to the general work of civil society. We are particularly concerned that the third party provisions of the Electoral Acts were applied to Education Equality, where the funding was neither “foreign” nor “political”.

The provisions were originally aimed at preventing improper interference in the political process during referendums but their application in this case creates significant legal uncertainty for civil society organisations who seek to engage in public policy discussions.”

The keynote speaker at this event will be Sister Stanislaus Kennedy, one of Ireland’s great civic society leaders, who will speak about the essential role civil society organisations have in enriching our democracy and in informing our public policy. She will emphasise how important it is that we defend and protect that role at this time.

The problems identified by Irish civil society have been recognised internationally. In January of this year, the EU Fundamental Rights Agency highlighted problems that were being experienced within the EU. In countries such as Hungary, Poland and Romania, overt attempts by Government to curb dissent were identified. The agency also identified a number of states where laws and regulations presented indirect interferences with civil society freedoms, including Ireland. Unlike the position in Central Europe, where such policies are deliberate attempts to shut down dissent, in Ireland we face inadvertent and unintended consequences of poorly drafted legislation including, but not limited to, the Electoral Acts.

In response to the growing problem, ICCL has brought together this coalition of civil society organisations to call on the Irish Government to ensure that our international commitments are reflected in our own domestic laws. We note that the UN resolution calls attention to the fact that any restrictions on funding for civil society actors, including so-called foreign funding, undermines the right to freedom of association and calls on states to ensure they are in compliance with their international commitments on this front.

Mr Herrick said:

“We applaud the DFAT for its ongoing commitment to civil society space at the UN and in Ireland’s foreign policy. It is a powerful statement of the value which Ireland attaches to the role of civil society in democracy. It says that public policy debate is too important to be left to politicians – ordinary citizens and community organisations must be allowed a voice in our public life.

We in Ireland are rightly proud of civic society leaders who play such an important role in enriching our democracy. ICCL and our partner organisations are calling on all organisations who value civil society to join with us in calling on the Irish Government to amend the Electoral Acts and to allow Ireland to lead the way as an example of good practice as well as a standard setter.”

ENDS/

Notes for editors:

DFAT: Department of Foreign Affairs and Trade

The press conference will take place at 11am on 6 July at Liberty Hall. Speakers will include April Duff of Education Equality and Steve Rawson of the Irish Humanist Association who will publicly speak about their case for the first time. Sister Stanislaus Kennedy and Liam Herrick will also speak.

SIPOC’s statement with regard to flawed legislation can be found here:

http://www.sipo.ie/en/About-Us/Our-Policies/Review-of-Legislation/Review-of-Electoral-Acts/Introduction.html

ICCL has formed this coalition to call on the Government to amend the Irish Electoral Acts. The coalition will launch an official campaign for law reform in this and other areas in September.

ICCL is also working with CIVICUS, the international umbrella body for civil society, in carrying out comparative research which will look at models of regulation from comparable countries which strike an appropriate balance between campaign finance regulation and freedom of association. This will be published in the autumn.

Members’ Report on Referendum to Repeal the 8th

The overwhelming vote of the Irish people on 25 May to repeal the 8th Amendment was a watershed moment for human rights and equality in Ireland. Many of the ICCL membership have played key roles in the long battle against the 8th over the past 35 years. The members and supporters of ICCL also played an important part in ICCL’s work on this issue. ICCL membership fees support our political work, including when we take a position on a referendum question. Below we set out the specific activities which we have undertaken to contribute to this historic moment.

Irish people celebrate the historic yes vote on 25 May

ICCL’s history of campaigning for reproductive rights

The ICCL opposed the 8th Amendment to the Constitution in 1983 on the grounds that it would cause confusion and be unworkable in practice, and that it would not prevent women living in Ireland from needing and seeking abortions. In 1992 the ICCL opposed the referendum proposal to prohibit abortion where a woman’s life was at risk by suicide, and supported the constitutional amendments that guaranteed the freedom to travel and the freedom to impart and obtain information about abortion services abroad. The ICCL published a detailed policy paper in 2001 arguing against a further proposed constitutional amendment to prohibit abortion in cases of suicide risk. The paper criticised the government’s failure to address honestly the needs of the thousands of women who travelled abroad each year for abortion and the discrimination suffered by women and girls who were unable to travel.

In recent years the ICCL has made submissions to the UN Human Rights Council, the UN Human Rights Committee, the UN Committee on the Elimination of Discrimination Against Women and the UN Committee Against Torture calling for the repeal of Article 40.3.3 of the Constitution, the decriminalisation of abortion, and the introduction of legislation providing for access to abortion in Ireland. The ICCL’s submission to the Citizens’ Assembly in 2016 is available here.

We published a position paper on the 8th Amendment in 2017.

The International Network of Civil Liberties Organisations (INCLO)

ICCL was a founder member of INCLO in 2013 and one of the pillar areas of work of the Network is Religious Freedom and Equal Treatment. Under that pillar, INCLO has taken a particular interest in the issue of abortion rights and ICCL hosted and international convening on abortion rights in Dublin in November 2017. The timing of the event allowed a platform for international activists and experts to share their experiences and perspectives in advance of the final report of the Joint Oireachtas Committee on the 8th Amendment. Our international colleagues also had the opportunity to meet with leading Irish activists and members of the Oireachtas during the event. For details of the event see here.

Bongiwe Gumede of South Africa’s Legal Resource Centre addresses the INCLO conference in Dublin

ICCL and the Coalition to Repeal the Eighth

ICCL was a founder member of the Coalition to Repeal the Eighth in 2015 and provided logistical support to the Coalition in its early phases. We have played an active part in the Coalition’s work at all stages. In February 2018, as the Government committed to holding a referendum for repeal the Coalition to Repeal the Eighth joined with the National Women’s Council of Ireland and the Abortion Rights Campaign to form Together For Yes as the campaigning body for the referendum. Together for Yes was launched in March with ICCL as a member of its platform of civil society organisations. ICCL actively participated in the campaign platform and director Liam Herrick spoke at the Cork launch of Together for Yes.

Repeal the Eighth coalition flags on Dublin’s O’Connell Street during the 2017 March for Choice

Funding the Referendum Campaign

Once the proposition for the Referendum was published, the Executive of the ICCL Members Association registered as a Third Party for the period of the Referendum. In line with the requirements of the Electoral Acts, by registering as a Third Party which would campaign in the referendum, the ICCL Members Association was committing that only authorised donations could be used to fund any activities which were aimed at supporting a particular outcome in the referendum. Only ICCL members’ fees were used to fund our campaign activities – these being of an order of €40 per person and all from Irish citizens. By registering the ICCL Members Association as a Third Party (as ICCL has done in previous referendums), we separated our campaign activities from the other non-political work of ICCL, including our charitable work and our work which is funded by trusts and foundations.

The ICCL campaign

ICCL launched our own campaign Her Rights, which focused on the human rights impact of the referendum over the past 35 years. You can find details of the campaign here.

ICCL also joined with members of the legal professions and Lawyers for Choice to work with the sub-group Lawyers for Yes, which acted as the legal arm of the overall Together for Yes Campaign. Together with these groups, ICCL provided legal comment and analysis through the campaign. Liam Herrick provided comment at a press conference on 30 April and spoke at a briefing for members of the Oireachtas on 2 May.

In the final week of the campaign, ICCL hosted a multi-media public event at Smock Alley theatre, entitled Under the 8^th, which recalled the history of the 8th from 1983 and celebrated the role of the key leading activists who have led the fight against the amendment – including Pauline Conroy, Justice Catherine McGuinness, Ivana Bacik, Catherine Forde and Máiréad Enright. Read more here.

Activists at ICCL Under the Eighth event

During the course of the referendum, a number of issues emerged about restrictions on artistic freedom of expression, whereby visual artists and writers had events or works censored, restricted or cancelled due to their political content. ICCL led the resistance to these developments. We issued a policy paper on freedom of artistic and political expression and we publicly launched this paper by commissioning our own mural. We unveiled this mural a week before the Referendum, and leading members of the arts community, including poet Paula Meehan and Project Arts Centre’s Cian O’Brien, spoke at the invigorating event in Phibsboro. Read more here.

Orla O’Connor of NWCI and Together for Yes with ICCL’s Liam Herrick, poet Paula Meehan, Project Arts Centre’s Cian O’Brien and artist Giant Sigh

Work for the Future

In the aftermath of the result, ICCL is continuing to work with partner organisations, including the Irish Family Planning Association and the National Women’s Council, to ensure that the legislation is compliant with human rights standards. As we have done since our foundation, ICCL will continue to work for women’s rights including reproductive rights.

We will also shortly launch a project aimed at protecting and widening the space within which civil society can operate. This will aim, amongst other issues, at reform of the Electoral Acts of 2001, at protecting artistic and political freedom of expression during referendum periods, and at reform of the Charities Act so that it includes human rights work as a charitable purpose.

ICCL unveils mural calling for Repeal of the 8th Amendment

Dublin, 18 May 2018

The Irish Council for Civil Liberties (ICCL) today unveiled a campaign mural calling for a YES vote in the forthcoming referendum at Bang Bang café in Phibsborough. ICCL commissioned street artist and graphic designer Giant Sigh to create a mural, which draws on images of feminist workers’ icon Rosie the Riveter and Yeats’ and Lady Gregory’s cultural representation of Ireland Cathleen Ní Houlihán to highlight the importance of women’s rights and equality in today’s Ireland.

Orla O’Connor of NWCI and Together for Yes with ICCL’s Liam Herrick, poet Paula Meehan, Project Arts Centre’s Cian O’Brien and artist Gearóid Seoighe, aka Giant Sigh

The mural unveiling comes as ICCL released a statement this morning on the increased importance of political and artistic freedom of expression in referendum contexts. The statement was circulated widely in the arts community.

A number of speakers discussed the recent censorship of artists such as Grace Dyas, Una Mullally and Maser. Liam Herrick, director of the ICCL, said: “We’ve been gravely concerned that artists are being prevented from exhibiting art during the pre-Referendum period because their art concerns women’s experiences of abortion and has therefore been deemed too “political” to be allowed. We have analysed court judgements such as McKenna and McCrystal in the light of European Court of Human Rights judgements and, in our view, it is imperative that the government facilitate, rather than shut down, artistic and political expression even when it does come down on one side of the debate”.

Cian O’Brien of Project Arts Centre said: “I’m delighted that the ICCL are engaging with this vital issue which goes to the very core of our society and constitution. Art by its very nature, is indelibly political because it relates to the workings of the society from which it emerges. Project Arts Centre has always placed the vision and freedom of expression of the artist at the centre of our work. We firmly believe there is immeasurable value in creating space for artists and artworks that not only reflect our society, but also directly address and challenge its issues and complexities head on.”

Orla O’Connor of NWCI and Together for Yes with poet Paula Meehan and artist Giant Sigh

Poet Paula Meehan of the Artists’ Campaign to Repeal the 8^th Amendment said: “The artist’s role in the culture is to question, to probe, to articulate what is silenced, to make manifest what is hidden, to reflect the full complexity of the human condition. The painting over of Maser’s mural on the wall of the Project is emblematic of a fear culture. Irish people know that attempting to bury what we find disturbing brings only heartbreak and shame. There is a relationship between the words timid and intimidation; the growing intimidation of venue management and curators bodes ill for the long-term health of the arts in Ireland and has a resonance far beyond the issue of Repeal. Self censorship is as bad for society as active oppression. We must send a clear signal of resistance and stand together for our rights as artists to make manifest the work we need to make in the context of this referendum and for the future.”

Orla O’Connor of NWCI and Together for Yes with poet Paula Meehan and artist Giant Sigh

Orla O’Connor of Together for Yes wrapped up the event, saying “There are 7 days to go to the vote. It’s time to take a stand and provide care and compassion for women in ireland. Abortion is a reality in Ireland when over 3,000 women travel to the UK and over 3 women per day take abortion pills. The decision that faces us on the 25th May, is do we want another century where women and couples have to endure extreme stress and trauma or do we want regulated, safe abortion where decisions are made between between a woman and her doctor.

A representative of the SUBSET artistic collective spoke about their Grey Area Project and the crowd gathered also heard poetry from spoken word artist Lewis Kenny.

Artist Gearóid Seoighe AKA Giant Sigh with ICCL comms officer Sinéad Nolan in front of ICCL mural 'Rosaleen the Repealer'

Artist Gearóid Seoighe with ICCL comms officer Sinéad Nolan and ICCL mural ‘Rosaleen the Repealer’

ICCL releases statement on freedom of artistic expression and unveils mural calling for a YES vote

Dublin, 18 May 2018

The Irish Council for Civil Liberties (ICCL) is today sounding an alarm about the chilling effect it is observing in the wake of the censorship of Maser’s Repeal the 8^th mural and Una Mullally’s Question of the Eighth literary event.

We have learned that over the past few weeks numerous arts organisations and exhibition spaces have cancelled their invitations to Grace Dyas and Emma Fraser to show their theatre piece Not At Home. Not At Home enables visitors to the exhibition to see, listen to and feel the experiences of women who have travelled abroad for abortions. The Artists’ Campaign to Repeal the Eighth has also reported that they have had to scale back events at which they intended to facilitate public discussion about the 8^th Amendment at the same time as screening Witness: a collection of short films and filmed readings of women’s stories.

In response to this worrying trend, the ICCL has released a policy statement which contains our interpretation of Irish and European law relating to freedom of artistic expression during the pre-referendum context.

We firmly believe that the use of the Charities Act 2009 to censor artistic expression that would ordinarily be acceptable to the Charities Regulator outside of a referendum period is an inappropriate use of that legislation.

Liam Herrick, Executive Director of the ICCL, says:

“Freedom of expression is a fundamental right in any free society and artistic freedom must be afforded the highest protection. The role of the artist in challenging power and orthodoxy is the very lifeblood of our cultural life.”

Irish Constitutional case law and the case law of the European Court of Human Rights make clear that the State’s obligation to ensure freedom of ‘political’ expression is more important than ever during an election period. As a result, the censoring of artistic expression containing ‘political’ content during a referendum period, where that content and discussion of it would ordinarily be acceptable to a State body because it is integral to the art is highly questionable from a legal perspective.

Furthermore, while it is necessary to regulate spending and funding during elections to protect the integrity of our democracy, under the Irish Constitution, freedom of speech is not equivalent to freedom to buy advertising or column inches.”

Our statement also addresses the 1995 case of McKenna v An Taoiseach (No 2), in which the Supreme Court held that the Constitution prohibits the Government from “expending public monies in the promotion of a particular result in [a] Referendum”. Liam Herrick says:

“In our view, the McKenna decision outlaws the use of public funds to support the Government’s own campaign for a “Yes” or “No” vote. This is not the same as using public funds to support free discussion of artistic work containing ‘political’ ideas that are relevant to a referendum. We maintain that ‘neutrality’ is not achieved by censorship of artistic expression and the discussion inspired by it. Rather, ‘neutrality’ can be achieved by ensuring that the selection criteria for exhibitions and events are non-discriminating, that such exhibitions and events are open to the public, and that support for further artistic expression containing ‘political’ ideas is made available.”

At 11am today we will unveil a mural which we have commissioned by street artist Giant Sigh calling for a YES vote in the Referendum. Speakers at the event in Bang Bang café in Phibsborough will include poet Paula Meehan, Cian O’Brien of Project Arts Centre, Orla O’Connor of Together for Yes, and a representative of the SUBSET artistic collective.

Full statement here: https://www.iccl.ie/wp-content/uploads/2018/05/ICCL-Freedom-of-Artistic-Expression-and-Referendum-on-the-8th-Amendment.pdf

ICCL calls on government to defend freedom of speech and protect referendum posters

Dublin, 27 April 2018

The Irish Council for Civil Liberties (ICCL) has today said that referendum posters are an important expression of political speech which must be protected and that the State has a duty to guarantee the right to freedom of expression. It called on gardaí and local authorities to ensure that posters are not removed.

There have been reports of sporadic interference with posters on both sides of the campaign but the ICCL has received information that in some rural areas, particularly Mayo and Donegal, posters are being systematically removed as soon as they go up. It has said that the State must take action against this, in compliance with its obligations under international human rights law.

Article 19 of the UN Declaration on Human Rights, to which Ireland is a State party, enshrines the right to freedom of expression as follows:

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Moreover, political expression, including via referendum posters, is afforded particularly high protection under European case law because of the far-reaching consequences for the democratic process when it is not respected. The Irish government is obliged to ensure that freedom of expression is respected, particularly during elections and referendums.

Liam Herrick, director of the ICCL, said:

“There are regulations on referendum posters in place and they must be complied with. Where they aren’t, the State must act. We would also call on the main campaign groups to discourage their supporters from taking posters down.”

He continued:

“ICCL is part of the Together for Yes platform but we would also defend the No campaign’s right to put up posters, even if we disagree with the content and tone of some of them. We would strongly encourage voters to check everything they see on posters against the Referendum Commission’s literature before voting.”

Earlier this week, the ICCL criticised the Charities Regulator’s ordering the removal of the well-known “Repeal the 8^th” mural from the Project Arts Centre in Temple Bar. The Charities Regulator, in a serious infringement on freedom of speech and artistic expression, threatened the theatre with the loss of its charity status if it did not comply with the order. The ICCL is deeply concerned about the chilling effect on artistic and political expression this action is having in the run-up to the forthcoming abortion referendum.

This is about freedom of speech: ICCL criticises removal of Maser mural

Dublin, 23 April 2018

The Irish Council for Civil Liberties has said that today’s removal of the well-known Repeal the 8^th mural by street artist Maser raises very serious concerns for freedom of expression and freedom of association in Ireland. Project Arts Centre, on whose wall the piece appears, has been threatened with the loss of its charity status by the Charities Regulator if it does not remove the piece.

Who defines what is or isn’t political art?

“Threatening an organisation’s charitable status for engaging in ‘political’ art is a new departure”, said Liam Herrick, director of ICCL. “We’d be very concerned about how the regulator defines what is or isn’t political art? Where is the line drawn and who decides that? These are serious freedom of expression questions, especially given that artistic expression is afforded higher protection under human rights law.

Mr Herrick continued:

“There are also serious questions about the role of the Charities Regulator in policing the freedom of expression of charities. Are we likely to see a much wider role for the regulator in relation to freedom of speech by organisations and institutions, including the catholic church?

ICCL has previously raised concerns that the Charities Act 2009 does not include the advancement of human rights as a valid charitable purpose. However, advancement of religion is a charitable purpose, meaning that if a religious organisation painted a “Save the 8^th” mural, it would appear to fall outside of this regulation.

Danger of this being used as a threat against civil society organisations

The ICCL is currently running a campaign called Her Rights supporting the removal of the 8^th Amendment in order to fully realise women’s human rights in Ireland. Mr. Herrick said:

“There is a real danger that this action will lead to civil society organisations being harassed or threatened with complaints to the Charities Regulator whenever they engage with controversial issues and/or that there will be a chilling effect on freedom of speech.”

Prosecuted

Project Arts Centre had previously been ordered to remove the mural by Dublin City Council in 2016 on the grounds that it did not have planning permission. On that occasion, ICCL placed two replica murals in the windows of their former offices and were prosecuted for that action.

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Sign the petition to reform the Electoral Act here: https://action.uplift.ie/campaigns/284

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Sign the petition to reform the Electoral Act here: https://action.uplift.ie/campaigns/284

Members’ Report on Referendum to Repeal the 8th

ICCL’s history of campaigning for reproductive rights

The International Network of Civil Liberties Organisations (INCLO)

ICCL and the Coalition to Repeal the Eighth

Funding the Referendum Campaign

The ICCL campaign

Work for the Future

ICCL unveils mural calling for Repeal of the 8th Amendment

ICCL releases statement on freedom of artistic expression and unveils mural calling for a YES vote

ICCL calls on government to defend freedom of speech and protect referendum posters

This is about freedom of speech: ICCL criticises removal of Maser mural

Contact ICCL

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