BORF 8

Process paper for the Northern Ireland

Bill of Rights Forum

Circulated 1 June 2007

This paper is a revision of the paper on process for the Northern Ireland Bill of Rights Forum (the Forum) that was presented to and discussed at the third meeting of the Forum (document BORF 4). It is intended to serve both as a basic document to govern the Forum’s working relationships and processes and as a general introduction to the Forum and its work. The first draft was prepared on the basis of the terms of reference provided to the Forum, discussion at the second meeting of the Forum, and proposals for consideration and settling at the third meeting of the Forum. It has been revised to take account of comments made by Forum members at and after the third meeting.

1.    Terms of reference

The Forum was established in December 2006 by the then Northern Ireland Minister for Human Rights, David Hanson. It is to

produce agreed recommendations to inform the Northern Ireland Human Rights Commission’s advice to Government 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 human rights instruments and experience. These additional rights [are] 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.

The Forum discussed the terms of reference given it by the Minister for Human Rights, noting that they were taken directly from the Good Friday Agreement.  Forum members all recognised that, in developing a Bill of Rights, they must address the needs and rights of all Northern Ireland’s people.

The Forum is asked to report by 31 December 2007.

2.              Members and official observers

The Forum has 29 members:

·                    14 members appointed by the five major political parties in Northern Ireland

·                    14 members appointed by civic society organisations and

·                    an independent chair.

Civic society organisations may appoint a member and an alternate member provided that the alternate member meets the same obligations of the member to attend meetings of the Forum plenary and any working group to which she or he is appointed. The names and organisations of members and alternate members of the Forum are listed in attachment 1.

The Forum has accredited four organisations as official observers:

·                    the Northern Ireland Commission for Children and Young People

·                    the Northern Ireland Equality Commission

·                    the Northern Ireland Human Rights Commission and

·                    the Northern Ireland Human Rights Consortium.

The Northern Ireland Office and Department for Foreign Affairs also send observers to meetings.

3.              The basis for the work

At its second meeting on 4 April 2007 the Forum agreed by consensus on five principles as the basis of its work:

·                    a Bill of Rights is needed to provide strong legal protection for human rights for all the people of Northern Ireland

·                    the Bill of Rights should reflect universal human rights standards, neither undercutting them nor being contrary to them, but it should also reflect the unique Northern Ireland situation

·                    the Bill of Rights must be effective, realistic and implementable

·                    the Bill of Rights must address the needs of the poorest and most marginalised; recognising that while the Bill of Rights is for everyone, assisting the poor and marginalised is the surest way of helping everyone

·                    while the past cannot be ignored but must be taken into account, the present spirit of optimism and hope should be reflected in the Forum’s work and the Bill of Rights should be aspirational and look to the future.

4.              Operational principles

The processes of the Forum will be based on four operational principles: openness, transparency, inclusiveness and accessibility.

5.              The Forum plenary

The Forum meets in plenary session to take major decisions in relation to its terms of reference and its processes. In general these meetings occur monthly although in the latter part of the Forum’s work they are expected to be required more frequently. The meetings are open to the public, including the media. The chair of the Forum presides at all meetings of the Forum. Should he be unable to chair a meeting, he will appoint a substitute from among the members of the Forum.

Decisions in the plenary are taken by consensus although a small dissenting minority will not defeat a decision endorsed by the overwhelming majority of members. [to be further developed after advice from Forum members] The Forum will deliver its advice in a single report to the Northern Ireland Human Rights Commission and the report will contain any minority view on any issue.

6.    The Forum working groups      

The Forum will develop its initial views on key issues through six working groups of members of the Forum or alternative representatives of organisations represented on the Forum. Each working group will be tasked with developing particular sections of the draft Bill of Rights. Working groups enable Forum members to

·                    have greater ownership of the Bill of Rights process

·                    work concurrently on the various parts of the draft Bill of Rights 

·                    develop clusters of rights that match their specialist knowledge or area of expertise.

The working groups will report to the Forum plenary which is the Forum’s only decision making body.

6.1  Tasks assigned to the working groups

Each working group will

·                    identify the critical issues in its section of the draft Bill of Rights

·                    identify areas of consensus and convergence within the group in relation to this section

·                    identify areas of divergence within its group in relation to this section

·                    develop a framework of the particular rights to be included in this section

·                    report on the working group’s progress to each meeting of the Forum plenary and

·                    upon reaching an advanced stage, if possible, prepare an initial draft text of the section.

Each working group will prepare and submit to the Forum plenary

·                    its final report on its work, addressing each of the above tasks

·                    a draft text for its section of the Bill of Rights, if possible.

6.2  Working group convenors

Each working group will have a convenor appointed by the chair of the Forum. Three convenors will be drawn from Forum members representing the five political parties represented on the Forum. Three convenors will be drawn from Forum members representing civic society organisations.

Working group convenors will

·                    lead discussion on the critical issues and framework of rights to be included in the working group’s sections of the Bill of Rights

·                    prepare and update, in consultation with the members of the working group, a document as the continuing basis of the working group’s discussions

·                    prepare, in consultation with the members of the working group, reports on the working group’s progress for each meeting of the Forum

·                    facilitate the drafting of the working group’s sections of the Bill of Rights and

·                    prepare, in consultation with the members of the working group, the final report to the Forum plenary meeting.

6.3  Working group members

Each working group will have ten members, including the convenor: one member will be drawn from each of the five political parties represented on the Forum and five will come from the civic society organisations represented on the Forum.

Members of parties and organisations represented on the Forum who have expert or specialist knowledge on the subject matter of a particular working group may be nominated to participate in that working group. However, each member of the Forum is expected to be a member of at least one working group.

All Forum members are invited to submit their own names and the names of expert members of their organisations for consideration for appointment to the working groups. The chair of the Forum will make appointments to working groups, taking into account all nominations from Forum members and the need to ensure adequate gender and other balance, and equitable representation.

Members of working groups represent their parties and organisations, speaking and deciding issues on their party’s/organisation’s behalf. Forum members are expected to support in the Forum plenary decisions taken by representatives of their party or organisation in the working groups.

6.4       The six working groups

·                    Children and young people and women: This group will consider all human rights in relation to the situation and needs of children and young people and of women. It will use the report of the NIHRC’s Children and Young People’s Working Group as a base document.

·                    Criminal justice and victims: This group will consider human rights issues associated with the criminal justice system and all human rights in relation to the situation and needs of victims of human rights violations. This group will use the reports of the NIHRC’s Criminal Justice Working Group and Victims Working Group as base documents.

·                    Economic and social rights, including relevant equality issues: This group will deal generally with economic and social rights, including rights in relation to education, employment and health. It will use the reports of the NIHRC’s Economic and Social Rights Working Group and Education Working Group as base documents. The report of the Equality Working Group will also be relevant to this working group.

·                    Culture and identity and language: This group will use the reports of the NIHRC’s Culture and Identity Working Group and Language Working Group as base documents.

·                    Civil and political rights, including relevant equality issues: This group will deal with civil and political rights not covered within the scope of other working groups. The report of the NIHRC Equality Working Group will also be relevant to this working group.

·                    Preamble, enforceability and implementation: This group will be responsible for the beginning and the end of a Bill of Rights. It will take on the difficult task of considering the appropriate preamble for a Northern Ireland Bill of Rights. It will also consider issues of enforceability and other means of implementation of the promotion and protection of human rights. This group will use the report of the Implementation Working Group as a base document.

7.    Working methods

All members of the Forum and its working groups will be treated, and will treat each other, with respect. The views and opinions of all Forum members will be given equal attention and will be accorded equal importance.

The chair of the Forum and the convenors of the working groups will

·                    perform their roles with independence and impartiality

·                    ensure that working methods are built on democratic and participatory processes and

·                    respect the views of all members of the Forum and its working groups.

The Forum and each working group will decide upon their working methods. The chair of the Forum and convenors will rule on procedural matters, if required, in accordance with the provisions of this process paper and the working methods adopted by the Forum and each working group.

Each working group will make decisions on substantive matters as a group. Working groups will seek to reach decisions by consensus, in accordance with the decision making rules for the Forum itself.

8.    Outreach

To be inserted after the Forum agreement on outreach

9.    Timetable

The timetable for the Forum’s work is in attachment 2.
Attachment 1

Members of the Forum