Alliance of NGOs calls for International Best Practice and Inclusion of Magdalene Laundries in Investigation
Published: Friday, June 13, 2014
Four social justice organisations are calling on the Government to meet international best practice requirements in the proposed ‘Commission of Investigation’ and are urging the inclusion of the Magdalene Laundries and County Homes together with all Mother and Baby Homes as part of the investigation’s terms of reference.
Justice for Magdalenes Research, Adoption Rights Alliance, Bethany Survivors Group and National Women’s Council of Ireland, jointly call for the investigation to be carried out by an independent commission including at least one international expert.
“The establishment of an independent Commission with the power and obligation to obtain all information necessary to the inquiry, including in relation to the operation of Magdalene laundries is absolutely essential to ensuring that the truth of what happened in all of these institutions is brought to light” said Katherine O’Donnell of JFMR.
“It is imperative given the international dimension to forced adoptions that there is an international expert in the field involved with this process”, Susan Lohan of ARA added.
“The women of the Magdalene laundries demand and deserve inclusion in this investigation,” said Prof. James M. Smith of Boston College and JFMR, “given the extent of movement of women and children between mother and baby homes and Magdalene Laundries and the fact that the McAleese Committee’s terms of reference did not allow it to investigate individual complaints of abuse or examine fully the religious orders’ financial records. Their inclusion in this process is vital” he said.
“The investigation must be fully resourced, conducted in a timely fashion, have authority to issue summonses and demand production of evidence” stated Niall Meehan of the Bethany Survivors Group. “International best practice demands this as well as transparency, accountability and a commitment to ensuring that the experiences and testimonies of survivors, their next of kin and representative groups are placed at the heart of the investigation”.
“While we have welcomed the announcement of this inquiry” said Rachel Doyle of NWCI, “there must be no attempt to minimise physical or psychological abuse and survivor testimonies must be the most important resource in the inquiry.”
“The demands of this NGO Alliance are informed by rulings of the European Court of Human Rights and principles established by UN High Commissioner for Human Rights regarding Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment” said Maeve O’Rourke of JFM Research. “We are calling on the Irish Government to uphold these principles in carrying out this investigation to ensure that truth and justice prevail in the interests of survivors, their families and of Irish society.”
Ends
For further information contact:
Maeve O’ Rourke – JFMR maeveorourke@gmail.com 00 44 74 0330 1781
Susan Lohan – ARA info@adoptionrightsalliance.com 086 - 816 3024
Rachel Doyle - NWCI racheld@nwci.ie 085 – 8659721
James Smith – JFMR English Department Boston College 617-552-1596 james.smith.2@bc.edu
Niall Meehan - Bethany Survivors Group niall.meehan@gmail.com 087 - 6428671
Katherine O’Donnell – JFMR katherine.odonnell@ucd.ie 01- 7167104 Ext 7323
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To comply with European and international human rights law, the investigation should:
(a) be carried out by an independent commission, the members of which shall be chosen for their recognized impartiality, competence and independence as individuals. In particular, they shall be independent of any suspected perpetrators and the institutions or agencies they may serve.
(b) have the power and obligation to obtain all information necessary to the inquiry, in order to make findings of fact regarding alleged human rights abuses;
(c) have at its disposal all the necessary budgetary and technical resources for effective investigation;
(d) have the authority to issue summonses to witnesses, including any officials allegedly involved, and to demand the production of evidence;
(e) be conducted with reasonable expedition;
(f) have a sufficient element of public scrutiny to secure accountability in practice as well as in theory;
(g) involve survivors, next-of-kin and representative groups in the procedure such that they are informed of and have access to any hearing and all information relevant to the investigation, and that they have the opportunity to provide evidence and comment on the evidence being examined;
(h) Issue a public notice inviting the submission of relevant information and written statements, and providing instructions to persons willing to testify. Notice should be disseminated in a manner designed to reach survivors and next-of-kin, including in rural and international locations and those without access to internet;
(i) Issue conclusions, findings of fact and recommendations based on its findings at the end of its investigation.