The protection of human rights under the Belfast agreement

Political Quarterly

Volumn 72, Issue 3, 2001, Pages 353-365

  O'Leary, Brendan ^a  

^a LONDON SCHOOL OF ECONOMICS   (United Kingdom)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 0035402725     PISSN: 00323179     EISSN: None     Source Type: Journal    
DOI: 10.1111/1467-923X.00395     Document Type: Article

References (33)

1. 1 See e.g. 'Essays: Analysis of the Northern Ireland Peace Agreement', Fordham International Law Journal, April 1999; Joseph Ruane and Jennifer Todd, eds, After the Good Friday Agreement: Analysing Political Change in Northern Ireland, Dublin, University College Dublin Press, 1999; Brendan O'Leary, 'The Nature of the British-Irish Agreement', New Left Review, Jan.-Feb. 1999, pp. 66-96; Rick Wilford, ed., Aspects of the Belfast Agreement, Oxford, Oxford University Press, 2001; John McGarry, ed., Northern Ireland in a Divided World, Oxford, Oxford University Press, forthcoming 2001.
2. 1 See e.g. 'Essays: Analysis of the Northern Ireland Peace Agreement', Fordham International Law Journal, April 1999; Joseph Ruane and Jennifer Todd, eds, After the Good Friday Agreement: Analysing Political Change in Northern Ireland, Dublin, University College Dublin Press, 1999; Brendan O'Leary, 'The Nature of the British-Irish Agreement', New Left Review, Jan.-Feb. 1999, pp. 66-96; Rick Wilford, ed., Aspects of the Belfast Agreement, Oxford, Oxford University Press, 2001; John McGarry, ed., Northern Ireland in a Divided World, Oxford, Oxford University Press, forthcoming 2001.
3. 1 See e.g. 'Essays: Analysis of the Northern Ireland Peace Agreement', Fordham International Law Journal, April 1999; Joseph Ruane and Jennifer Todd, eds, After the Good Friday Agreement: Analysing Political Change in Northern Ireland, Dublin, University College Dublin Press, 1999; Brendan O'Leary, 'The Nature of the British-Irish Agreement', New Left Review, Jan.-Feb. 1999, pp. 66-96; Rick Wilford, ed., Aspects of the Belfast Agreement, Oxford, Oxford University Press, 2001; John McGarry, ed., Northern Ireland in a Divided World, Oxford, Oxford University Press, forthcoming 2001.
4. 1 See e.g. 'Essays: Analysis of the Northern Ireland Peace Agreement', Fordham International Law Journal, April 1999; Joseph Ruane and Jennifer Todd, eds, After the Good Friday Agreement: Analysing Political Change in Northern Ireland, Dublin, University College Dublin Press, 1999; Brendan O'Leary, 'The Nature of the British-Irish Agreement', New Left Review, Jan.-Feb. 1999, pp. 66-96; Rick Wilford, ed., Aspects of the Belfast Agreement, Oxford, Oxford University Press, 2001; John McGarry, ed., Northern Ireland in a Divided World, Oxford, Oxford University Press, forthcoming 2001.
5. 1 See e.g. 'Essays: Analysis of the Northern Ireland Peace Agreement', Fordham International Law Journal, April 1999; Joseph Ruane and Jennifer Todd, eds, After the Good Friday Agreement: Analysing Political Change in Northern Ireland, Dublin, University College Dublin Press, 1999; Brendan O'Leary, 'The Nature of the British-Irish Agreement', New Left Review, Jan.-Feb. 1999, pp. 66-96; Rick Wilford, ed., Aspects of the Belfast Agreement, Oxford, Oxford University Press, 2001; John McGarry, ed., Northern Ireland in a Divided World, Oxford, Oxford University Press, forthcoming 2001.
6. 2 Brendan O'Leary, 'The Nature of the Agreement', Fordham International Law Journal, April 1999; 'The Nature of the British-Irish Agreement'; 'The Character of the 1998 Agreement: Results and Prospects', in Wilford, ed., Aspects of the Belfast Agreement, pp. 49-83; 'Comparative Political Science and the British-Irish Agreement', in McGarry, ed., Northern Ireland in a Divided World, pp. 53-88.
7. 2 Brendan O'Leary, 'The Nature of the Agreement', Fordham International Law Journal, April 1999; 'The Nature of the British-Irish Agreement'; 'The Character of the 1998 Agreement: Results and Prospects', in Wilford, ed., Aspects of the Belfast Agreement, pp. 49-83; 'Comparative Political Science and the British-Irish Agreement', in McGarry, ed., Northern Ireland in a Divided World, pp. 53-88.
8. 2 Brendan O'Leary, 'The Nature of the Agreement', Fordham International Law Journal, April 1999; 'The Nature of the British-Irish Agreement'; 'The Character of the 1998 Agreement: Results and Prospects', in Wilford, ed., Aspects of the Belfast Agreement, pp. 49-83; 'Comparative Political Science and the British-Irish Agreement', in McGarry, ed., Northern Ireland in a Divided World, pp. 53-88.
9. 2 Brendan O'Leary, 'The Nature of the Agreement', Fordham International Law Journal, April 1999; 'The Nature of the British-Irish Agreement'; 'The Character of the 1998 Agreement: Results and Prospects', in Wilford, ed., Aspects of the Belfast Agreement, pp. 49-83; 'Comparative Political Science and the British-Irish Agreement', in McGarry, ed., Northern Ireland in a Divided World, pp. 53-88.
10. 3 For a salutary criticism of some naïve views of rights protection see Tom Hadden, 'The Pendulum Theory of Individual, Communal and Minority Rights', in S. Caney and P. Jones, eds, Human Rights and Global Diversity, London, Frank Cass, 2001, pp. 77-90.
11. 4 The Northern Ireland Human Rights Commission has not yet taken either a minimalist or a maximalist position. Examples of distinctive and comprehensive suggestions include those of Amnesty International ('Northern Ireland: An Inclusive Bill of Rights for All', London, February 2001), the Committee on the Administration of Justice ('CAJ's Preliminary Submission to the Northern Ireland Human Rights Commission on a Bill of Rights for Northern Ireland', Belfast, March 2001) and Sinn Féin ('A Bill of Rights for the North of Ireland, Submission to the Human Rights Commission', Belfast, 27 February 2001).
12. 4 The Northern Ireland Human Rights Commission has not yet taken either a minimalist or a maximalist position. Examples of distinctive and comprehensive suggestions include those of Amnesty International ('Northern Ireland: An Inclusive Bill of Rights for All', London, February 2001), the Committee on the Administration of Justice ('CAJ's Preliminary Submission to the Northern Ireland Human Rights Commission on a Bill of Rights for Northern Ireland', Belfast, March 2001) and Sinn Féin ('A Bill of Rights for the North of Ireland, Submission to the Human Rights Commission', Belfast, 27 February 2001).
13. 4 The Northern Ireland Human Rights Commission has not yet taken either a minimalist or a maximalist position. Examples of distinctive and comprehensive suggestions include those of Amnesty International ('Northern Ireland: An Inclusive Bill of Rights for All', London, February 2001), the Committee on the Administration of Justice ('CAJ's Preliminary Submission to the Northern Ireland Human Rights Commission on a Bill of Rights for Northern Ireland', Belfast, March 2001) and Sinn Féin ('A Bill of Rights for the North of Ireland, Submission to the Human Rights Commission', Belfast, 27 February 2001).
14. 5 Arend Lijphart, Democracy in Plural Societies: A Comparative Exploration (New Haven, London: Yale University Press, 1977; see also O'Leary, 'The Nature of the British-Irish Agreement'.
15. 5 Arend Lijphart, Democracy in Plural Societies: A Comparative Exploration (New Haven, London: Yale University Press, 1977; see also O'Leary, 'The Nature of the British-Irish Agreement'.
16. 6 For a full discussion of the d'Hondt mechanism see Brendan O'Leary, Bernard Grofman and Jorgen Elklit, 'Divisor Methods to Facilitate and Sequence Portfolio-Allocation in a Multi-Party Cabinet Coalition: Evidenee from Northern Ireland', paper presented at the European Public Choice Conference, Paris, 19 April 2001.
17. 7 See Christopher McCrudden, 'Equality and the Good Friday Agreement', in Ruane and Todd, eds, After the Good Friday Agreement, pp. 96-121; 'Mainstreaming Equality in the Governance of Northern Ireland', Fordham International Law Journal, April 1999; 'Equality', in C. Harvey, ed., Human Rights, Equality and Democratic Renewal in Northern Ireland, Oxford, Hart, 2001, pp. 75-112.
18. 7 See Christopher McCrudden, 'Equality and the Good Friday Agreement', in Ruane and Todd, eds, After the Good Friday Agreement, pp. 96-121; 'Mainstreaming Equality in the Governance of Northern Ireland', Fordham International Law Journal, April 1999; 'Equality', in C. Harvey, ed., Human Rights, Equality and Democratic Renewal in Northern Ireland, Oxford, Hart, 2001, pp. 75-112.
19. 7 See Christopher McCrudden, 'Equality and the Good Friday Agreement', in Ruane and Todd, eds, After the Good Friday Agreement, pp. 96-121; 'Mainstreaming Equality in the Governance of Northern Ireland', Fordham International Law Journal, April 1999; 'Equality', in C. Harvey, ed., Human Rights, Equality and Democratic Renewal in Northern Ireland, Oxford, Hart, 2001, pp. 75-112.
20. 8. For details see O'Leary, 'The Nature of the British-Irish Agreement'.
21. 9. This equal participation clause, especially 'equal benefit of decision-making', would need to be qualified by the positive or affirmative action equality clause (see below). This clause has been drafted without the benefit of legal advice, and may be improved through criticism. The last sentence is designed to prevent 'others' from challenging the constitutionality of the cross-community consent procedures. I propose it for consistency with the Agreement. It may indeed be necessary to have a general clause which would prohibit the (Northern Ireland) Bill of Rights, or any provision within it, from having the effect of 'striking down' any or all of the institutions of the Agreement, and their decisionmaking mechanisms.
22. 10 This clause has been drafted without the benefit of legal advice; I would be happy to have it improved through criticism.
23. 11 This clause has been drafted without the benefit of legal advice; I would be happy to have it improved through criticism. I draw on Brendan O'Leary, Tom Lyne, Jim Marshall and Bob Rowthorn, Northern Ireland: Sharing Authority, London, Institute of Policy Research, 1993, pp. 39-41, influenced by the Canadian Charter of Rights and Freedoms (Ottawa, 1982), clause 15, and the thinking of Professor Christopher McCrudden at that time. Article 4.3 of the European Framework Convention on the Protection of National Minorities (1995) similarly that measures intended to achieve full and effective equality do not constitute discrimination.
24. 12 I would be happy to have this clause improved through criticism. I draw on O'Leary et al., Northern Ireland: Sharing Authority, which was influenced by the Canadian Charter of Rights and Freedoms (Ottawa, 1982), clause 15, and the thinking of Christopher McCrudden at that time.
25. 13 I would be happy to have this clause improved through criticism.
26. 14 For details see O'Leary, 'The Nature of the British-Irish Agreement'.
27. 15 Personal communication.
28. 16 I would be happy to see this clause improved through criticism., I draw upon the European Framework Convention on the Protection of National Minorities (1995), Article 5.
29. 17 This clause, and the one that follows, have been drafted without the benefit of legal advice: I would be happy to see them improved. I draw upon the European Framework Convention on the Protection of National Minorities (1995), Article 3. These clauses would need to be qualified by the positive or affirmative action clause above.
30. 18 This clause draws upon the European Framework Convention on the Protection of National Minorities (1995), Article 3. It would need to be qualified by the positive or affirmative action clause above, and may need to be qualified by considerations of demand and cost.
31. 19 This clause is modelled on clause 29 of the Canadian Charter of Rights and Freedoms (Ottawa, 1982), which is designed to protect the full funding of religious schools and their rights to select their teachers.
32. 20 The predecessor of the NIHCR proposed provisions of this type. See the Standing Advisory Commission on Human Rights, Religious and Political Discrimination and Equality of Opportunity in Northern Ireland: Second Report, London, HMSO, 1990.
33. 21 Dr Julia Black has pointed out that it would be useful to have a clause obliging both states to ensure co-operation in protecting confederal rights whether Northern Ireland is part of the UK or Ireland.