Rights News - Eileen Flynn presenting the 2019 ICCL Human Rights Film Award Find out who won inside!

 
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Rights News - Eileen Flynn presenting the 2019 ICCL Human Rights Film Award Find out who won inside!
SPRING/SUMMER 2019

               Rights News

Eileen Flynn presenting the 2019
ICCL Human Rights Film Award
Find out who won inside!
Plus
Censorship in the Arts - National Consultation with Protest Groups
- Our work on Institutional Abuse
Rights News - Eileen Flynn presenting the 2019 ICCL Human Rights Film Award Find out who won inside!
EDITORIAL – ABOUT THE ICCL

    Editorial by Liam Herrick                                                              ABOUT THE ICCL
                                                                                           The Irish Council for Civil Liberties

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           HAT IS THE ROLE OF AN IN-         free speech on-line, and surveillance,        is committed to an Ireland that is
          DEPENDENT HUMAN RIGHTS             especially on our Public Service Card         more just, more free, and where
          ORGANISATION at a time of in-      campaign.                                     human rights and civil liberties are
tense change? Where can we make the              We are conscious, too, that Brexit        enjoyed by everyone.
greatest impact? These are questions         looms large as a economic and social
that we at ICCL have given a lot of          threat which has the potential to cause       Fully independent of government
thought to over the past few years –         serious instability. The danger of negative   and fearless in our advocacy for
and our conclusion is that we need to        effects to the peace process remain           human rights, we have been at the
be at the cutting edge of social change,     high. More broadly Ireland will face          forefront of all key human rights
asking the difficult questions about civil   many important choices in the months          campaigns in Irish society, making
liberties and human rights, especially       ahead about the values we want to align       a significant impact on law, policy
on issues where there is no-one else to      with in a new European Union. ICCL            and public opinion. These have
stand up for individual rights.              believes that Ireland should aim to be-       included the campaigns for legal
    The work we have done over the           come a leader of human rights on the          divorce, decriminalisation of
past six months reflects this ap-               international stage – but for that as-     homosexuality and for marriage
proach, with ICCL standing proudly                 piration to be reached, there is a      equality; working for equality
alongside protestors denied their                    large body of work to be done to      legislation and institutions;
political rights, artists facing cen-               address the outstanding human          resistance to emergency legislation
sorship, families seeking truth                       rights gaps at home.                 and the removal of constitutional
through inquests, adopted people                                                           due process protections; and
trying to access information                          Liam Herrick,                        consistent advocacy for women’s
about their identity, and                                Executive Director                rights, including reproductive
those living in direct pro-                               Irish Council for                rights.
vision asserting their                                      Civil Liberties
                                                                                           We act as an essential defender of
rights to dignity. These
                                                                                           human rights and civil liberties and
spaces of contested
                                                                                           as an effective champion for the
rights are where we need
                                                                                           advancement of justice and
to be, and where our
                                                                                           freedom in Irish society.
voice is most needed.
    We have made impor-
                                                                                           Founded in 1976, we have worked
tant progress on key areas
                                                                                           tirelessly to defend and strengthen
of reform – especially in
                                                                                           constitutional rights protections
the areas of policing and                                                                  and to ensure the full
privacy rights – but key                                                                   implementation of international
challenges lie ahead on                                                                    human rights standards. We draw
the right to association,                                                                  on the tradition of civil liberties
                                                                                           activism in many countries,
                                                                                           including the civil rights
    ICCL Human Rights Film Awards                                                          movements in Northern Ireland,
                                                                                           the United Kingdom and the United

T
                                                                                           States. Domestically focused and
       HIS YEAR WE PARTNERED with
                                                                                           internationally informed, we have
      the Dublin International Film Fes-
                                                                                           developed strong partnerships with
      tival to present the ICCL award to
                                                                                           civil society organisations in Ireland
the film which, of a selection of seven,                                                   and networks and alliances with
best dealt with the theme of human                                                         similar organisations
rights and activism.                                                                       internationally.
    For more on this wonderful cele-
bration, see pages 4-5                                                                     For more information, visit our new
                                                                                           website: https://www.iccl.ie

                                                                                           CONTACT ICCL

                                                                                           Irish Council for Civil Liberties,
                                                                                           Unit 11, First Floor, 34,
                                                                                           Usher's Quay, Dublin 8
                                             ON THE COVER: Eileen Flynn speaking at
                                             the Dublin International Film Festival        Phone: +353-1-912 1640
                                             where she presented the ICCL Human            Email: info@iccl.ie
                                             Rights Film Award

2                                              IRISH COUNCIL FOR CIVIL LIBERTIES – RIGHTS NEWS – SPRING/SUMMER 2019
Rights News - Eileen Flynn presenting the 2019 ICCL Human Rights Film Award Find out who won inside!
OUR WORK STRENGTHENING HUMAN RIGHTS

  The Best Banned in the Land
On 30 April, a number of speakers                                   Storytime event at the Lexicon
                                                                    Library due to ‘archaic ho-
                                                                                                     Aware. A lively and engaged
                                                                                                     audience contributed thought-
addressed their experiences of                                      mophobia’ and violent threats    ful questions on the balance
censorship and self-censorship at a                                 against them. In presenting      to be drawn between free
special event at Project Arts Centre                                the reason for cancelation as    speech and hate speech, on
                                                                    "an age-appropriate review",     the pressing need to support
                                                                    DLR did little to protect and    the arts, and on international

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          E WERE SPURRED          to mark the anniversary of        promote free speech as is        solidarity for oppressed or
          TO BEGIN A PROJ-        Project’s “defiant compliance”    their duty as a state body.      censored artists.
          ECT ON CENSOR-          with the Charities Regulator’s    That’s why we invited Glitter        We also launched our call
SHIP of the arts following the    demands.                          HOLE to be our keynote           for the repeal of the Censor-
2018 ordered removal of               On 30 April a number of       speaker for the day.             ship of Publications Act at the
Maser’s Repeal the 8th mural      speakers – including writer           Una, Beth and Cian were      event. In 2019 the Censorship
and the cancellation of Una       Una Mullally, Cian O’Brien,       joined for debate on the day     of Publications Board still has
Mullally’s The Question of the    artistic director of Project,     by Lian Bell, campaign direc-    the authority to prohibit any
Eighth. We had to take a stand!   and Beth Hayden of Glitter        tor of Waking the Feminists,     book or periodical that they
And we weren’t alone in think-    HOLE – addressed their ex-        historian Donal Fallon, broad-   find to be obscene under the
ing that.                         periences of censorship and       caster Evelyn O’Rourke, arts     Act. Though it’s rarely used,
    We brought together a         self-censorship at a special      campaigner Angela Dorgan,        until it is repealed, this threat
coalition of human rights and     event at Project. The event       NCAD professor Declan Long,      hangs over artists, particularly
arts organisations to call for    was kindly sponsored by           and poet and barrister John      writers. Repealing it would
the immediate repeal of the       Dublin UNESCO’s One City          O’Donnell. An intermission       be a symbolic gesture of sup-
Censorship of Publications        One Book.                         discussion featured exiled       port for artists and a loud NO
Act and an end to censorship          Just days before the event,   Turkish theatre group Be         to censorship of the arts.
of the arts. We joined forces     DIY drag collective Glitter
with the Irish Writers Centre,    HOLE had announced that               links in this article...
Poetry Ireland, the Writers’      they had been forced to cancel    Sign the petition to Repeal the Censorship Act:
Guild and Project Arts Centre     their age-appropriate Drag        https://my.uplift.ie/petitions/repeal-the-censorship-act

 Lian Bell, Donal Fallon, Una Mullally, Beth Hayden, Cian O’Brien, Angela Dorgan outside Project Arts Centre

IRISH COUNCIL FOR CIVIL LIBERTIES – RIGHTS NEWS – SPRING/SUMMER 2019                                                                3
Rights News - Eileen Flynn presenting the 2019 ICCL Human Rights Film Award Find out who won inside!
OUR WORK STRENGTHENING HUMAN RIGHTS

    Electoral Act Reform
If you’ve been following our campaign for reform of the Electoral Act you’ll know
that we hit a significant milestone on 16 May when Senator Lynn Ruane launched
her bill for reform of the Act. ICCL, along with the Coalition for Civil Society
Freedom, had been working with Senator Ruane since 2018 on the drafting of
this bill.

C
        URRENTLY, THE ELECTORAL ACT             Many organisations in Ireland, to                  change the definition of political purposes
       BANS “ANY CAMPAIGN TO IN-            avoid doubt, simply do not accept do-                  so that it would no longer encompass
       FLUENCE PUBLIC POLICY” from          nations of over €100 anymore. Some                     “any campaign to influence public policy”.
receiving donations (including donations    are unsure whether they can accept                     We expect to see this bill go through in
in kind and possibly donated time) above    voluntary work!! This is a situation that              September after the Oireachtas summer
€100. For the past number of years, the     we at ICCL cannot let continue.                        break. Watch our social media and website
Standards in Public Offices Commission          If passed, Senator Ruane’s bill would              for updates on this important issue!
(SIPOC) has taken this wording to mean
the legitimate advocacy work of organ-               links referenced in this article...
isations such as Education Equality,         Link to our call for reform of the Electoral Act:
residents’ associations, and Amnesty.        https://www.iccl.ie/human-rights/civil-society-space/reform-electoral-act/
SIPOC has been taking legal action
against civil society organisations as if   Below: Liam Herrick, Director, ICCL; Senator Lynn Ruane; Colm O’Gorman,
they were political actors!                 Amnesty International, Ireland; April Duff, Education Equality

4                                             IRISH COUNCIL FOR CIVIL LIBERTIES – RIGHTS NEWS – SPRING/SUMMER 2019
Rights News - Eileen Flynn presenting the 2019 ICCL Human Rights Film Award Find out who won inside!
OUR WORK PROMOTING JUSTICE

    ‘Historical’ Abuse? Not as long as the violations continue...
                                                                                                         is by providing information about the
                                                                                                         violations which took place. In Ireland’s
                                                                                                         case, this includes information regarding
                                                                                                         forced or illegal adoptions. In June we
                                                                                                         wrote to all Senators outlining our con-
                                                                                                         cerns that Katherine Zappone’s Adoption
                                                                                                         (Information and Tracing) Bill 2016 would
                                                                                                         deny the human rights of adopted per-
                                                                                                         sons by not allowing them automatic
                                                                                                         access to their own birth certs. We also
                                                                                                         highlighted that it could lead to further
                                                                                                         violations of the privacy rights of adopted
                                                                                                         persons.

                                                                                                         ICCL is dedicated to vindicating the rights
                                                                                                         of all those who suffered institutional
                                                                                                         abuse at the hands of the Church and
                                                                                                         State. We are further dedicated to the
                                                                                                         rights of those who are enduring rights
                                                                                                         violations in State-run institutions in
                                                                                                         modern Ireland.

I
    RELAND AS A NATION IS STRUG-               Above: At the ICCL Human Rights Film Award, Mannix Flynn talks about his
   GLING TO COME TO TERMS WITH A               experiences of institutional abuse which he deals with in his film ‘Land Without
   LEGACY of State-sanctioned abuse            God’. e film was commended by the panel
which encompassed a wide range of
human rights abuses including child
trafficking, enforced disappearances
and physical, sexual and emotional
                                                ICCL CALLS FOR AN END TO DIRECT PROVISION
abuse.
                                                In June we made a submission to the Oireachtas Justice Committee in which we
    While the country has made huge
                                                called for an immediate end to Direct Provision because, as a system, it
progress in terms of talking about these
                                                facilitates gross violations of human rights. We made further recommendations
things, and there has been an official
                                                for immediate and practical improvements in the meantime.
State apology, there is a long way to go
in terms of providing retribution and
guarantees to survivors that this can
                                                       links on these pages...
never happen again.
                                               Mother and Baby Homes Commission released their fifth interim report; our response:
    In April, when the Mother and Baby         https://www.iccl.ie/opinion/mother-and-baby-homes-time-for-criminal-investigations/
Homes Commission released their fifth          Irish Examiner article:
interim report we reiterated our previous      https://www.irishexaminer.com/breakingnews/views/analysis/revictimisation-and-our-sad-links-with-
calls for increased investigatory powers       mexico-919821.html
                                               ICCL’s letter to all Senators:
for Commissions of Inquiry. The Com-
                                               https://www.iccl.ie/justice/iccl-email-seanad-adoption-bill/
mission was quite clear that they believe      ICCL's submission on direct provision:
there are people who are hiding evidence,      https://www.iccl.ie/wp-content/uploads/2019/06/190531-ICCL-ORourke-Submission-On-Direct-Provision-System.pdf
and the Commission does not have the
teeth to compel these people to come
forward.                                        HUMAN RIGHTS AND THE IRISH CORONER’S SYSTEM
    At this same time, we reiterated our
deep concern that all evidence submitted        ICCL is working with DCU’s Dr. Vicky Conway and Professor Phil Scraton, of
to this Committee will be sealed, ren-          Hillsborough fame, to pioneer new research into human rights within the Irish
dering it inaccessible to any further in-       coroner’s system. The project was launched on 7 February with a public
vestigations. Our communications officer        discussion on human rights issues in the British coroner’s system.
wrote an opinion piece for the Examiner             Since then, Dr Conway and Prof Scraton have been working with families of
on this issue.                                  people who died in contested circumstances and subsequently identified problems
    One of the key elements of ensuring         with the coroners service in Ireland. The research will be published in October.
justice for survivors of institutional abuse

IRISH COUNCIL FOR CIVIL LIBERTIES – RIGHTS NEWS – SPRING/SUMMER 2019                                                                                          5
Rights News - Eileen Flynn presenting the 2019 ICCL Human Rights Film Award Find out who won inside!
ICCL HUMAN RIGHTS IN FILM AWARD

Human Rights Film Award
ICCL partnered with the Dublin International Film Festival to relaunch                  The Public by Emilio Estevez: A
the much-loved ICCL Human Rights in Film Award in 2019!                                 film about a committed librarian,
                                                                                        frustrated at a lack of social jus-
                                                                                        tice, who allows some of his
                                                                                        most vulnerable visitors turn his
                                                                                        work space into an impromptu
                                                                                        homeless shelter.

                                                                                    ICCL got to sit in on the rigourous de-
                                                                                    liberations which took place on 2 March
                                                                                    after the screening of the last film in
                                                                                    the competition. The jury made some
                                                                                    fascinating observations on the films
                                                                                    and did not, contrary to rumour, almost
                                                                                    come to blows over the decision!
                                                                                         In the end there was a clear winner
                                                                                    in Heartbound: A Different Kind of Love
                                                                                    Story. The film focused on a small town
                                                                                    in Denmark where over 900 Thai women
                                                                                    live. Filmed over ten years, Heartbound
    e HRFA jury, left to right: Bulelani Mfaco, Emmet Kirwan, Aoife Kelleher,      allowed the audience to connect with
    Suzy Byrne and Sorcha Pollak                                                    the human stories behind economic mi-
                                                                                    gration, sex work and arranged mar-
                                                                                    riages. The directors dedicated the award

W
                                                                                    to those who featured in the film who
          E WERE THRILLED IN LATE              Gaza by Garry Keane and Andrew
                                                                                    “with great generosity and courage have
          2018 TO ANNOUNCE THAT THE            McConnell: A documentary por-
                                                                                    shared some of the most intimate mo-
          HUMAN RIGHTS FILM AWARD              trait of the resilience of people
                                                                                    ments of their lives”.
would be making a comeback after a             in the most challenging of cir-
                                                                                         Many of our jurors were also deeply
three year hiatus. This year we partnered      cumstances, set among the com-
                                                                                    moved by Mannix Flynn’s Land Without
with the Dublin International Film Fes-        munities who live in Gaza.
                                                                                    God and gave it a special commendation
tival to present the ICCL award to the
                                                                                    with recognition of the context in which
film which, of a selection of seven, best      Heartbound: A Different Kind of
                                                                                    it was made. At ICCL we were glad to
dealt with the theme of human rights           Love Story by Janus Metz and
                                                                                    see this as we continue to fight for
and activism.                                  Dr Sine Plambech: A documen-
                                                                                    justice for survivors of institutional abuse.
    Our 2019 jury included five human          tary about a small village in
                                                                                    So often termed historic, as long as the
rights activists and film experts: actor,      northern Denmark where over
                                                                                    truth continues to be hidden, these
poet and playwright Emmet Kirwan;              900 Thai women have married
                                                                                    abuses are anything but.
award-winning journalist Sorcha Pollak;        and settled.
                                                                                         The brilliant Eileen Flynn, who is a
direct provision activist Bulelani Mfaco;
                                                                                    prominent advocate of Traveller and
film director Aoife Kelleher; and disability   Land Without God by Gerard
                                                                                    women's rights, presented the award
rights advocate and ICCL board member          Mannix Flynn: His deeply per-
                                                                                    on 3 March in Dublin. Of Land Without
Suzy Byrne.                                    sonal documentary feature about
                                                                                    God, Eileen said
    We’re very grateful to the jury for        himself and members of his own
                                                                                         “I am also delighted to see Mannix
giving so generously of their time in          family as they recall the effects
                                                                                    Flynn's Land Without God receive special
going to see and rate each of the fol-         of decades of institutional abuse.
                                                                                    commendation. The jury felt it was an
lowing seven films:
                                                                                    important film for Ireland and our con-
                                               Of Fathers and Sons by Talal
                                                                                    tinuing struggle to come to terms with
     A Girl From Mogadishu by Mary             Derki: A documentary which cen-
                                                                                    and provide reparations for institutional
     McGuckian: Based on the testi-            tres on a radical Islamist family
                                                                                    abuse.”
     mony of Ifrah Ahmed the film              and their harsh existence as war
                                                                                         We’d like to extend our gratitude to
     details Ifrah’s astonishing and           rages around them in Syria.
                                                                                    Virgin Media for sponsoring €1000 worth
     powerful journey, from her time
                                                                                    of editing time to the winning film. We
     in a refugee camp to becoming             Rafiki by Wanuri Kahiu: A Kenyan
                                                                                    are also indebted to Grainne, Penny,
     a leading campaigner.                     film that revolves around two fe-
                                                                                    Kim and all the team at the Dublin In-
                                               male friends who fall in love. In
                                                                                    ternational Film Festival for compiling
     Another Day of Life by Raúl de            doing so, they must face the
                                                                                    a list of such strong films and indeed
     la Fuente and Damian Nenow:               challenges of family expectations
                                                                                    for organising the comeback of the ICCL
     A film which centres on an ide-           and the conservative society in
                                                                                    Human Rights in Film Award! See you
     alistic journalist tasked with cov-       which they live.
                                                                                    all in 2020!
     ering civil conflict in Angola in
     the 1970s.

6                                              IRISH COUNCIL FOR CIVIL LIBERTIES – RIGHTS NEWS – SPRING/SUMMER 2019
Rights News - Eileen Flynn presenting the 2019 ICCL Human Rights Film Award Find out who won inside!
OUR WORK SECURING EQUALITY

ICCL board member Muiris O Ceidigh with jury members Aoife Kelleher, Emmet Kirwan and Sorcha Pollak

                                                                               Above: Friend of ICCL, Mr Giollaíosa
                                                                               Ó Lideadha, SC

                                                                               Left: At the ICCL Human Rights Film
                                                                               Award, Eileen Flynn commends
                                                                               Mannix Flynn for his film ‘Land
                                                                               Without God’ which deals with his
                                                                               experiences of institutional abuse

IRISH COUNCIL FOR CIVIL LIBERTIES – RIGHTS NEWS – SPRING/SUMMER 2019                                              7
Rights News - Eileen Flynn presenting the 2019 ICCL Human Rights Film Award Find out who won inside!
OUR WORK SECURING EQUALITY

Abortion: is the legislation working?                                                        ANOTHER YES VOTE!
                                                                                             Having campaigned this time in the
In April, we convened a meeting for activists working on the new abortion
                                                                                             divorce referendum for a YES vote,
legislation to discuss the practical and legal issues still affecting women and the
                                                                                             we were delighted to see it pass by
medical profession since abortion became legal in January.
                                                                                             such a huge majority. By reducing

T
                                                  That includes people trying to access      the mandatory waiting period from
       HANKS TO THE EFFORTS OF AC-
                                              terminations for reasons of fatal foetal       four to two years, Ireland took a
       TIVISTS, IT HAS RECENTLY BEEN
                                              anomaly after the 12 week period. We           huge leap towards protecting the
       CLARIFIED that women who
                                              are seriously concerned that the right         privacy rights of people who need a
access their first appointment before
                                              to access appropriate healthcare in this       divorce.
the 12 week limit will be entitled to
                                              situation is still being denied.                   It will also help to ensure that
access abortion even if the mandatory
                                                  ICCL will be campaigning for               people who are stuck in dangerous
three day waiting period pushes them
                                              changes to the legislation when the leg-       or financially and emotionally dis-
past this limit.
                                              islative review comes up. Abortion is a        tressing situations can be freed from
     However, we found that there are
                                              healthcare and a human rights issue            them quicker. We hope the govern-
still barriers to women accessing abor-
                                              and this legislation simply isn’t vindi-       ment will remove the mandatory
tion and that those barriers are created
                                              cating the rights of pregnant people.          waiting time period altogether as
by the legislation.
                                                                                             soon as it can.
     For example, the mandatory waiting
period leads to financial problems, as
well as issues arranging childcare, and
transport. It is particularly difficult for    FROM THE ABORTION RIGHTS CONFERENCE
economically vulnerable women, includ-
ing those living in direct provision or        Gearóidín McEvoy from Lawyers for Choice said “without doubt the legislation
experiencing homelessness.                     needs constant updating. This will be a never ending effort.”
     ICCL campaigned against this                   Ms Mc Evoy outlined “major concerns” for those with deaf and hearing issues
paternalistic clause and we continue to        accessing terminations.
call for its removal.                               “There are many concerns but one that I’m highlighting is in relation to inter-
     We continue to call for the removal       pretation and the provision of interpreters for the deaf community. The provision
of criminalisation of anyone who assists       of interpreters isn’t mandated, so there isn’t a governing body for interpreters -
with an abortion after 12 weeks, as this       it’s on an ad hoc basis. And there’s no code of ethics for interpreters covering
has a chilling effect on doctors and cre-      abortion.”
ates anxiety for women who need an                  Ms McEvoy also pointed out that the issue of organising and providing rules
abortion after this time.                      for interpreters was vital for non-English speaking women living in Ireland.

    Reproductive rights activists at the ICCL conference

8                                                             IRISH COUNCIL OF CIVIL LIBERTIES    –   RIGHTS NEWS   –   SUMMER   2018
Rights News - Eileen Flynn presenting the 2019 ICCL Human Rights Film Award Find out who won inside!
OUR WORK SECURING EQUALITY

The Women of ICCL - Rocking The System

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       HERE ARE MANY BRIL-
      LIANT WOMEN MEM-
      BERS OF ICCL. Actually,
some of the most formidable
Irish women ever have passed
through our doors. From our
founder Mary Robinson,
through to equality campaign-
er Ailbhe Smyth and repro-
ductive rights campaigner
Ivana Bacik, we wouldn’t be
the organisation we are today
without the vision and support
of some truly amazing women.
    For International Women’s
Day on 8 March, we profiled
just a few of you on our social
media accounts. We know that
strong female leaders can in-
spire other women and girls
to aim high and to believe in
themselves. We’re delighted
that the women we ap-
proached were so open to the
idea and so generous in send-
ing us the information we
needed.
    Visit iccl.ie/join to join the
formidable #WomenofICCL.

Clockwise, from top: Mary Robinson, Ivana Bacik, and
Ailbhe Smyth; just some of the remarkable women who
have passed through the doors of the ICCL

IRISH COUNCIL OF CIVIL LIBERTIES     –   RIGHTS NEWS   –   SUMMER   2018   9
Rights News - Eileen Flynn presenting the 2019 ICCL Human Rights Film Award Find out who won inside!
OUR WORK PROTECTING PRIVACY RIGHTS

     Public Services Card – Online Content Moderation
                                              But it’s well-established that govern-                  a digital check point where people must
The Public Services Card –                    ments and corporations subject those                    hand over their biometric data in order
paying for essential services                 living in poverty to heightened or more                 to put food on the table. It’s deeply
with your data is not fair.                   invasive surveillance.                                  unfair, because those required to get
                                                   The public services card is an Irish               the PSC are least likely to be able to
Or legal.                                     example of how digital technologies can                 fight it.
In January, the Department of Social
                                              be used against people living in poverty.                   Well, we’re going to keep fighting it.
Welfare refused ICCL’s FOI request for
                                              Effectively, the government has created                 That’s a promise.
all records related to the Data Protection
Commissioner’s investigation. Mean-
while, the Commissioner is similarly
restrained – their interpretation of
existing legislation is that they are pre-
cluded from ever releasing the report!
     The Commissioner has said – in the
Oireachtas – that the Department is
free to publish the report; however the
Department has not acknowledged this
statement. Instead, they say that they
replied to the Commissioner’s follow
up queries as part of the investigation
and have been waiting to hear from the
Commissioner ever since. Confused yet?
Getting impatient? Us too.
     While the waiting game continues,
we’ve applied to the Office of the Infor-
mation Commissioner to review the
decision of the Department to refuse to
publish the report.
     We also invited the UN Special Rap-
porteur on Extreme Poverty, Philip
Alston, to come to Ireland and speak
about this issue. Alston’s next report to
the UN Human Rights Council will focus
on the privacy and data protection rights
violations associated with living in ex-
treme poverty. Of course, monitoring
and surveillance affect everyone’s privacy.   Above: Liam Herrick, ICCL Director tries to unravel the PSC mystery...

How do you solve a problem                                                                            – fundamental, actually – human rights
                                                                                                      including privacy, association, and ex-
like Online Content Modera-                                                                           pression.
tion?                                                                                                     We have spoken out before against
One thing’s for sure, protecting certain                                                              overly broad regulation which might
groups from harmful online content                                                                    lead to censorship of legitimate forms
should not translate into totalitarian                                                                of speech. Like the BAI, we have also
state structures capable of indiscriminate                                                            made submissions to Department of
surveillance and censorship of our pri-                                                               Communications regarding best prac-
vate communications.                                                                                  tices for online content regulation. Unlike
    Here at ICCL we were deeply alarmed                                                               the BAI, our submissions place human
by the Broadcasting Authority of Ireland’s                                                            rights analysis at the centre. See box
proposals for internet regulation. They                                                               below for links.
included proposals to access, monitor                  links in this article...
and censor the private communications          ICCL on potential censorship of legitimate forms of speech:
of people living in Ireland. Such proposals    https://www.iccl.ie/news/iccl-submission-to-the-public-consultation-on-regulation-of-online-content/
ignore a long established body of human        Submissions to Dept of Communications regarding best practices for online content regulation:
                                               https://www.iccl.ie/privacy/iccl-submission-digital-safety-commissioner/
rights principles protecting our important

10                                                               IRISH COUNCIL OF CIVIL LIBERTIES            –   RIGHTS NEWS      –   SUMMER    2018
OUR WORK PROTECTING PROTEST RIGHTS

ICCL highlights violations of protest rights following national consultation

I
    CCL TRAVELLED TO CORK, ENNIS               Public Order Act (through
    AND DUBLIN between 19 and 22               arresting protesters and
    June to meet with protesters, ranging      later dropping charges),
from environmental activists and anti-         of garda intimidation of
war protesters to anti-eviction groups,        protesters (through pho-
and activists living in Direct Provision.      tography, following cars,
We had individual meetings with some           harassment, and stop-
groups and we also met with represen-          and-search) and of seri-
tatives of An Garda Síochána and relevant      ous deficiencies in GSOC
oversight bodies.                              handling of complaints.
     After the incident at North Frederick         It’s clear to us that
St last year, where police turned up in        there is a wide gap be-
balaclavas and injured protesters, we          tween the stated position of the Garda           Above: Liam Herrick addresses the
promised that we would develop a body          and the lived experiences of many of             assembled activists and protesters
of work on protest. This is the beginning      these protest groups with regard to
of this piece of work.                         protecting the right to protest. The lack
     And while we were not expecting           of clear and transparent information
everything to be rosy, we were still           about police policy and training, and            Síochána are supportive of large protests
shocked by some of the testimony we            the lack of public data about the use of         taking place on the main thoroughfares
heard from protesters. We heard that           legal powers and the use of force present        of Ireland, when it comes to protesters
activists living in Direct Provision deal      serious weaknesses in the Irish approach         living on the margins of society or
with retribution up to and including the       to managing protests.                            protesting outside of the media spotlight,
with-holding of food and benefits for              The salient point for us has been            the garda and state response can be
holding protests, and that housing ac-         that, while the government and An Garda          much more heavy-handed.
tivists arrested at evictions have been
subjected to degrading treatment. We           Video
received reports of garda misuse of the        View here: https://www.iccl.ie/news/iccl-national-consultation-with-protesters/

Yes, police ARE spying on online protest
Our privacy expert Elizabeth Farries launches her                      and privacy rights. In addition,   hibited. However, he does not
global report ‘Spying on Dissent’                                      the way policing institutions      go so far as to call for a mora-
                                                                       select and deploy online sur-      torium on their use.

P
        ROTEST RIGHTS ARE          fective oversight and control.      veillance technologies often            Elizabeth met with the
       MAINLY UNDERSTOOD           Generally, there are no avail-      occurs without necessary           Special Rapporteur to learn
       in the context of physi-    able legal avenues of re-           human rights and democratic        about his steps going forward.
cal gatherings. But human          course. This can disrupt and        safeguards. The submissions        The mandate will look to
rights protections also apply      preclude our freedom and            contained case studies from        states and NGOs like INCLO
to similar interactions taking     ability to organise, gather,        13 countries and provided rec-     to push the publications going
place online. Many challenges      dissent and assemble.               ommendations.                      forward and also to give feed-
to our rights to online and            In March our information             Mr Voule subsequently         back on our reception of the
offline protest have materi-       rights expert, Elizabeth Far-       presented his report on op-        report. Elizabeth also gave an
alised in the digital age.         ries, drafted submissions on        portunities and challenges         oral statement to the UN
     Across the world in recent    policing surveillance tech and      facing the rights to free-          Human Rights Council on
years there has been a sharp       protest for the UN Special          dom of peaceful assembly               the matter.
expansion of online spying         Rapporteur on the rights to         and of association in the dig-               In June, Elizabeth
technologies used by policing      freedom of expression and           ital age to the UN Human                  launched her report
institutions to spy on protest-    association, Clément Voule.         Rights Council. He                        Spying on Dissent - Sur-
ers, their plans for protests      Her report observes a worry-        recommends tech-                        veillance Technologies
and who they associate with.       ing trend: more and more,           niques for the in-                       and Protest at a panel
These technologies are de-         governments from different          discriminate sur-                        at Rightscon – the world’s
signed or used to watch, in-       jurisdictions across the world      veillance of those                      leading summit on hu-
tercept, record, retain, analyse   are using digital or online         exercising their right                  man rights in the digital
and disseminate personal data      surveillance technologies           to peaceful assembly                  age. Our colleagues at the
about protesters – often with-     against protesters and social       and association, in                 Kenyan Human Rights Com-
out our knowledge or our con-      movements, affecting the            both physical and dig-             mission captured the event
sent and without real and ef-      whole range of protest rights       ital spaces, should be pro-        in a live tweet session.

IRISH COUNCIL OF CIVIL LIBERTIES      –   RIGHTS NEWS   –   SUMMER   2018                                                              11
ICCL in the media
                                           ICCL stands up to Trump!
                                           YOU MAY HAVE SEEN OUR MINI-CAM-
                                           PAIGN AGAINST TRUMP when he visited
                                           us lately? We thought it would be a
                                           good opportunity to raise awareness of
                                           our work amongst people who are
                                           opposed to his vile policies but perhaps
                                           not aware of ICCL and our long-standing
                                           work on those issues in Ireland.
                                                Trump represents everything we op-
                                           pose. His policies are a direct attack on
                                           human rights, both in the USA and in
WE MADE HEADLINES IN MAY when              the international sphere. His withdrawal
we objected to the first ever banning of   from the UN Human Rights Council,
a person from Ireland. Pastor Steven       his denial of climate change, and his
Anderson is a holocaust denier, a          refusal to co-operate with international
homophobe, a racist and all-round          human rights bodies endangers all of
abominable person.                         our fundamental rights.
    However, we objected to the lack of         Our sister organisation in the States,
transparency that the Department of        the ACLU, very kindly bought us some
Justice showed in banning him from         ad space in the Sunday Independent
entering the country. Who else would       the Sunday before the visit. Then our
be banned, we wondered, and why?           partners at INCLO bought space in the
                                           Irish Times the day he touched down.
                                                ICCL lined out at both the Shannon
                                           and the Dublin protests. We marched
Donate to ICCL                             in solidarity with women, with the LGBTQ      e advertisement that appeared in
To donate to ICCL go to:                   community, with people of colour and          the Sunday Independent prior to
https://www.iccl.ie/donate                 with all those Trump wishes to silence.       Trump’s visit
                                           And now that he’s gone, we’re still here,
                                           still marching for rights!
Join ICCL
To become a member of ICCL go to:
https://www.iccl.ie/join

Come and see us at our new offices at
Unit 11, First Floor, 34, Usher's Quay,
Dublin 8

Funders
ICCL would like to thank our funders and
supporters who make our work possible:
Sigrid Rausing Trust
The Open Society Foundation
The Community Foundation Ireland
The Irish Human Rights and Equality
 Commission
The European Commission
The Friends of ICCL                        Join ICCL members in the fight for reproductive justice!
ICCL’s Members                             Become a member today: https://www.iccl.ie/join
                                                                                                                             design: www.thedrawingboard.ie

                                           CONTACT ICCL

                                           Irish Council for Civil Liberties,            Phone: +353-1-9121640
                                           Unit 11, First Floor, 34, Usher's             Email: info@iccl.ie
                                           Quay, Dublin 8                                www.iccl.ie

12                                           IRISH COUNCIL FOR CIVIL LIBERTIES – RIGHTS NEWS – SPRING/SUMMER 2019
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