Agreement Reached in the Multi-Party Negotiations - Transitional ...

changed to read ‘the right of under-represented sectors of society, in particular women’, an
amendment suggested by the Committee on the Administration of Justice.
The system of voting – the Commission favours proportional representation - would
impact on women’s participation (as the Northern Ireland Women’s Coalition has learned
to its cost).
The earlier Bill of Rights document 191 made no proposal in relation to public bodies but
the later document 192 proposes: ‘The membership of public bodies based in Northern
Ireland shall be broadly reflective of the make-up of society in Northern Ireland.’ (The
Commission explains its use of the word ‘reflective’ rather than ‘representative’ in similar
terms to the Criminal Justice Review Group, an explanation that has been challenged. 193 )
7.8 Socio-economic Rights:
Should socio-economic rights be included in the Bill of Rights and how might they be
made enforceable and accessible to women? Latterly, 194 the Commission has included
Section 15: Social, economic and environmental rights and put forward three ways of
protecting these rights: (1) The Bill of Rights would protect a section of minimum rights
only, directly enforceable through the courts; (2) Protect a larger range of rights,
enforceable through imposing an obligation on the State to ensure that they are
progressively realised as required in ICESCR; (3) Combination of (1) and (2), ensuring
direct enforceability of a set of minimum rights and imposing a duty on the State to ensure
the progressive realisation of a range of additional rights. These rights would be limited to
devolved areas of responsibility.
7.9 Whither the Bill of Rights?
Seven years after the Agreement the Bill of Rights has not been passed. The Commission
has complained of a lack of support from politicians. Despite ‘repeated consultations with
the parties and the two governments, and a measure of agreement with some of the
potential participants, it did not prove possible to establish an inclusive political forum
devoted to the formulation of the Bill of Rights.’ 195 The Commission is preparing
handover documents for incoming commissioners, which ‘will focus more on process than
substance’. 196
7.10 In Summary
Although equality and human rights were at the heart of the conflict and the peace
process, progress on implementation is slow. The Northern Ireland Human Rights
Commission is floundering and the task of sorting out the Commissions problems has not
been taken on board by government. Seven years after the Good Friday Agreement, the
Bill of Rights is still at discussion stage. How women’s rights will be treated is yet to be
finalised, as has the wording of sections of the Bill. Four areas have emerged as being of
particular concern to women: Gender inequality/discrimination; reproductive health;
violence against women; women’s under-representation in the political process. An
191 NIHRC, Making a Bill of Rights for Northern Ireland, Consultation Document, September 2001
192 NIHRC, Progressing A Bill Of Rights For Northern Ireland, An Update, April 2004
193 ‘The Commission prefers the term “reflective of” rather than “representative of” the make-up of society,
since “representative” suggests a more systematic selection process than might in practice be possible.
Moreover persons appointed to public bodies are not asked to serve there in order to represent particular
constituencies but rather because they can reflect the views of people who share their background.’ Ibid.
194 NIHRC, Progressing a Bill of Rights for Northern Ireland, An Update, April 2004
195 NIHRC, Progressing a Bill of Rights for Northern Ireland, An Update, April 2004
196 Minutes of NIHRC meeting, September 6, 2004
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