The impact of Brexit on human rights on the island of Ireland
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly
debate on 13 October 2022 (33rd sitting) (see Doc. 15615, report of the Committee on Political Affairs and Democracy,
rapporteur: Mr George Katrougalos). Text
adopted by the Assembly on 13 October 2022 (33rd sitting).
1. The Good Friday Agreement, which
ended three decades of conflict in Northern Ireland, described the United
Kingdom and Ireland as “partners in the European Union”. The United
Kingdom’s withdrawal from the European Union has shaken the delicate
balance created by the peace process and threatened the common human
rights space previously shared by all people on the island of Ireland.
2. Brexit has caused serious concerns regarding human rights
protection in Northern Ireland and is leading to a misalignment
of rights north and south of the border. It has cast a shadow over
important provisions of the Good Friday Agreement, specifically
related to birthright and just and equal treatment of both communities.
In parallel, the lack of progress in implementing some of the human
rights provisions of the Good Friday Agreement has compounded the
problem: the establishment of a bill of rights for Northern Ireland
and the passage of a law to promote the Irish language remain unfulfilled
promises.
3. The introduction by the Government of the United Kingdom on
22 June 2022 of a bill to overhaul the 1998 Human Rights Act has
exacerbated the situation. The proposal would add hurdles for those
seeking redress in courts, privilege specific rights over others
and challenge the role of the European Court of Human Rights, raising
an issue of compatibility with the European Convention on Human
Rights (ETS No. 5, the Convention), a cornerstone of the Good Friday
Agreement.
4. Brexit has also reignited deep-seated tensions in Northern
Irish society, furthering political division and contributing significantly
to the paralysis of devolved institutions. The Parliamentary Assembly
notes that Brexit repercussions have been at the heart of the institutional
impasse and the political crisis of 2022. It regrets that some political
parties, especially the Democratic Unionist Party, use these repercussions
to further deny the people of Northern Ireland a functioning executive
and assembly.
5. While the Ireland/Northern Ireland Protocol (the protocol)
was introduced to limit the consequences of Brexit and avoid a return
to a hard border, and while it has had an overall positive economic
effect on Northern Ireland, the related rhetoric has been divisive.
Polls repeatedly show that the protocol is not a primary concern for
the population, and yet the protocol is used as a pretext to hold
public institutions hostage.
6. The Assembly notes with concern that, despite the European
Union’s willingness to find joint solutions with the United Kingdom
within the framework of the protocol, and despite both sides stressing
the importance of continued engagement, the Government of the United
Kingdom introduced a bill on 13 June 2022 to unilaterally change
core elements of the protocol. Described as a “clear breach of international
law” by the European Commission, the move risks further destabilising
the delicate post-Brexit situation on the island of Ireland. Article
2 of the protocol, which guarantees the non-diminution of rights
as a result of Brexit, must be safeguarded.
7. The fragility of Northern Ireland’s current institutional
framework is abundantly clear. While power-sharing arrangements
emanating from the Good Friday Agreement guarantee inclusivity,
the current structures entrench divisions along sectarian designations.
Continued implementation of the reforms set out in the New Decade,
New Approach agreement will be important, and all parties should
consider ways to transcend sectarian approaches to politics. In
this respect, the Assembly welcomes the Government of the United Kingdom’s
recent steps to limit the instability of this system, including
the passage of the Northern Ireland (Ministers, Elections and Petitions
of Concern) Act 2022.
8. More than two decades after the Good Friday Agreement, the
failure to properly and thoroughly address the legacy of the Troubles
has had a direct impact on reconciliation and human rights on the
island of Ireland, causing pain and frustration in society and sending
discouraging signals regarding the pursuit of justice. All parties
concerned should honour their obligations under the European Convention
on Human Rights and implement, in good faith and as soon as possible,
a process consistent with the principles agreed to in the Stormont
House Agreement.
9. In this respect, there are serious concerns regarding the
compatibility of the Northern Ireland Troubles (Legacy and Reconciliation)
Bill, introduced by the Government of the United Kingdom on 17 May
2022, with the European Convention on Human Rights. The Assembly
welcomes the Committee of Ministers’ decision to ask for additional
information from the United Kingdom’s authorities on the compliance
of the bill with the Convention. The Assembly also expresses concern
that neither the Government of Ireland nor the Northern Ireland
Human Rights Commission were consulted in the preparation of this
bill, despite the latter institution being the main body in charge
of overseeing human rights in Northern Ireland under the Good Friday Agreement
and part of the “dedicated mechanism” to oversee the Government
of the United Kingdom’s commitment to protecting equality and human
rights in a post-Brexit Northern Ireland.
10. The Assembly expresses regret over the fact that many people
in Northern Ireland continue to experience residential and school
segregation. Without addressing such systemic divisions, the laudable
work of civil society organisations working across community lines
will be left treating the symptoms, and it will be hard to move
past the sectarian divides that have marked previous generations.
11. While violence has greatly decreased in recent decades, the
tensions deriving from Brexit may contribute to a re-emergence of
paramilitarism. In order to bring paramilitarism to an end, it is
crucial that policing and justice measures are complemented by actions
to tackle the systemic socio-economic issues facing Northern Ireland.
12. In light of the above, the Assembly calls on the United Kingdom
to:
12.1 ensure that the withdrawal
from the European Union does not result in any diminution of rights for
the people of Northern Ireland, in line with its international commitments,
nor to a misalignment of rights between north and south on the island
of Ireland;
12.2 make use of the “dedicated mechanism” established to ensure
that Brexit does not result in any diminution of rights set out
in the Good Friday Agreement, in particular by seeking and heeding
the advice of the members of this mechanism, of the Equality Commission
for Northern Ireland and of the Northern Ireland Human Rights Commission;
12.3 seek, in a constructive spirit, all practical solutions
in order to ensure the smooth and efficient implementation of the
protocol and refrain from unilateral actions which undermine international
law;
12.4 reconsider its current proposal to repeal the 1998 Human
Rights Act and reaffirm its commitment to the European Convention
on Human Rights;
12.5 propose a way forward to address the legacy of the Troubles
that is in line with the European Convention on Human Rights’ standards
on effective investigations, with the Good Friday Agreement and
with the devolution of justice in Northern Ireland; to ensure this
is the fruit of wide consultations with victims’ groups, political
forces in Northern Ireland and in Ireland and relevant human rights
bodies;
12.6 implement the recommendations of the Committee of Ministers
and of the Committee of Experts of the European Charter for Regional
or Minority Languages (ETS No. 148) regarding appropriate legislation
to protect and promote the Irish language;
12.7 continue to support ways of making Northern Ireland’s
institutions more stable and more resistant to political turbulence,
in line with the New Decade, New Approach agreement, and less reliant
on sectarian designations.
13. The Assembly calls on Ireland and the United Kingdom to continue
to make the implementation of the Good Friday Agreement an utmost
priority and to work together in a co-operative, constructive and
forward-looking spirit.
14. The Assembly calls on the authorities and political forces
in Northern Ireland to:
14.1 work
together to ensure the smooth and efficient implementation of the
protocol in Northern Ireland, which had largely supported remaining
in the European Union, and to contribute constructively to the protocol
negotiations;
14.2 refrain from using divisive and inflammatory rhetoric
surrounding the protocol and, instead, make full use of the significant
advantages the protocol has already provided, and can continue to
provide, to the Northern Irish economy and to efforts to build a
more prosperous future for all communities in Northern Ireland;
14.3 return to power-sharing immediately, so as to enable proper
governance in Northern Ireland, and refrain from political acts
which undermine the ability of Northern Ireland’s institutions to
function;
14.4 work to address the systemic socio-economic issues facing
Northern Ireland, not only to improve lives but also to create the
necessary conditions for the demolition of peace walls and help
put an end to paramilitarism;
14.5 promote policies that limit residential segregation and
take all necessary steps to promote greater mixing in schools by
finally taking decisive steps towards integrated education;
14.6 ensure that the teaching of history pursues the goals
of peace and reconciliation, taking an approach based on multiple
perspectives which respect the diversity of viewpoints and cultural differences,
including by making use of Council of Europe expertise on the teaching
of history;
14.7 co-operate constructively with the authorities in Ireland
and in the United Kingdom on addressing the legacy of the Troubles
and to further support efforts to shed light on the past, such as
the work being carried out by the Police Ombudsman of Northern Ireland;
14.8 consult and make use of relevant Council of Europe bodies
with expertise in minority language rights and apply, as appropriate,
their recommendations in order to make use of European standards and
best practices.
15. The Assembly also calls on the European Union to continue
to seek, in a constructive spirit, all practical solutions to minimise
the adverse impacts of Brexit and ensure the smooth and efficient
implementation of the protocol.
