IHREC considers human rights implications of Brexit withdrawal agreement

The Irish Human Rights and Equality Commission (IHREC) has noted the publication of the draft agreement for the UK’s withdrawal from the EU and is now examining in detail the provisions relating to human rights and equality, in particular the Protocol on Ireland/Northern Ireland and accompanying annexes.

IHREC, as a part of the Joint Committee established under the Belfast/Good Friday Agreement to consider human rights issues on the island of Ireland, stressed that its mandate is unchanged in any way in this regard because of Brexit.  IHREC noted, however, Article 4(2) of the draft Withdrawal Agreement which states that the UK ‘shall continue to facilitate the related work of the institutions and bodies set up pursuant to the 1998 Agreement, including the Northern Ireland Human Rights Commission, the Equality Commission for Northern Ireland and the Joint Committee of representatives of the Human Rights Commissions of Northern Ireland and Ireland, in upholding human rights and equality standards’.

IHREC welcomed Article 16(3)(c) of the Draft Withdrawal Agreement which includes a new legal provision relating to the implementation of the Protocol on Ireland/Northern Ireland, stating that the Special Committee overseeing the Protocol will ‘consider any matter of relevance to … this Protocol brought to its attention’ by the Joint Committee of the two Commissions, North and South.

As a part of the Joint Committee, IHREC has worked closely with its Northern colleagues on a series of strategic engagements around Brexit, including prior to the 2016 UK Referendum. These engagements included briefing the Joint Oireachtas Committee on the Implementation of the Belfast/Good Friday Agreement; meeting with the Tánaiste Mr Simon Coveney TD and his officials; meeting with Article 50 Taskforce Michel Barnier, Sabine Weyand and Nina Obermaier; meeting with Parliamentary Under Secretary of State at the Department for Exiting the European Union, Robin Walker MP, and DExEU officials; and meeting with Lord Duncan, Parliamentary Under-Secretary of State for Northern Ireland.

In March of this year, IHREC outlined, alongside the Northern Irish Human Rights Commission, six requirements for the final Withdrawal Agreement to meet the obligations of the Belfast/Good Friday Agreement.

1. Ensure no diminution of rights within the withdrawal agreement.
2. Safeguard the North-South equivalency of rights on an ongoing basis.
3. Guarantee equality of citizenship within Northern Ireland.
4. Protect border communities and migrant workers.
5. Ensure evolving justice arrangements do not water down rights.
6. Ensure continued right to participate in public life for EU citizens in Northern Ireland.

While IHREC noted a continuing recognition for its role as part of the Joint Committee, named in the Belfast/Good Friday Agreement as a forum for the consideration of human rights issues on the island of Ireland, it continues to focus on issues of equivalency of rights and the need to ensure no diminution of rights post-Brexit.

Within its formal role under the Belfast/Good Friday Agreement, IHREC intends to monitor rights and equality protections as we would any international treaty, should this draft agreement enter into force.