Human Rights: Northern Ireland Good Friday Agreement

GOOD FRIDAY AGREEMENT 

Rights, Safeguards and Equality Of Opportunity

Human Rights

1. The parties affirm their commitment to the mutual respect, the civil rights and the religious liberties of everyone in the community. Against the background of the recent history of communal conflict, the parties affirm in particular:

- the right of free political thought;

- the right to freedom and expression of religion;

- the right to pursue democratically national and political aspirations

- the right to seek constitutional change by peaceful and legitimate means;

- the right to freely choose one's place of residence;

- the right to equal opportunity in all social and economic activity, regardless of class, creed, disability, gender or ethnicity;

- the right to freedom from sectarian harassment; and

- the right of women to full and equal political participation.

United Kingdom Legislation

2. The British Government will complete incorporation into Northern Ireland law of the European Convention on Human Rights (ECHR), with direct access to the courts, and remedies for breach of the Convention, including power for the courts to overrule Assembly legislation on grounds of inconsistency.

4. The new Northern Ireland Human Rights Commission (see paragraph 5 below) will be invited to consult and to advise on the scope for defining, in Westminster legislation, rights supplementary to those in the European Convention on Human Rights, to reflect the particular circumstances of Northern Ireland, drawing as appropriate on international instruments and experience. These additional rights to reflect the principles of mutual respect for the identity and ethos of both communities and parity of esteem, and - taken together with the ECHR - to constitute a Bill of Rights for Northern Ireland. Among the issues for consideration by the Commission will be:

- the formulation of a general obligation on government and public bodies fully to respect, on the basis of equality of treatment, the identity and ethos of both communities in Northern Ireland;and

- a clear formulation of the rights not to be discriminated against and to equality of opportunity in both the public and private sectors.

New Institutions in Northern Ireland

5. A new Northern Ireland Human Rights Commission, with membership from Northern Ireland reflecting the community balance, will be established by Westminster legislation, independent of Government, with an extended and enhanced role beyond that currently exercised by the Standing Advisory Commission on Human Rights, to include keeping under review the adequacy and effectiveness of laws and practices, making recommendations to Government as necessary; providing information and promoting awareness of human rights; considering draft legislation referred to them by the new Assembly; and, in appropriate cases, bringing court proceedings or providing assistance to individuals doing so.

6. Subject to the outcome of public consultation currently underway, the British Government intends a new statutory Equality Commission to replace the Fair Employment Commission, the Equal Opportunities Commission (NI), the Commission for Racial Equality (NI) and the Disability Council. Such a unified Commission will advise on, validate and monitor the statutory obligation and will investigate complaints of default.

Implementation History

1998

Minimum Implementation

Along with reaffirming a commitment to human rights in the Good Friday Agreement, parties agreed to change legislation in the UK to incorporate the European Convention on Human Rights (ECHR) of the Northern Ireland Act (1998). The Northern Ireland Act of 1998 also provided for the establishment of the Northern Ireland Human Rights Commission. After the approval of the agreement in the referendum, The Northern Ireland Act (1998) guaranteed the establishment of the ECHR in Northern Ireland. 

1999

Full Implementation

The ECHR became effective on 2 December 1999, after the establishment of the Northern Ireland Executive on 29 November 1999.1

Also, the British government committed to a new statutory Equality Commission to replace the Fair Employment Commission, the Equal Opportunities Commission (NI), the Commission for Racial Equality (NI), and the Disability Council. The establishment of the Equality Commission was provided for in the Northern Ireland Act (1998). The commission finally came into existence on 1 March 19992 and became operational on 1 September 1999.3

2000

Full Implementation

The human rights related provisions in the Good Friday Agreement were implemented between 1998 and 1999.

2001

Full Implementation

No further developments observed.

2002

Full Implementation

No further developments observed.

2003

Full Implementation

No further developments observed.

2004

Full Implementation

No further developments observed.

2005

Full Implementation

No further developments observed.

2006

Full Implementation

No further developments observed.

2007

Full Implementation

No further developments observed.