Human rights fears over terror bill

THE State’s human rights watchdog has expressed extreme concern at legislation to be enacted later this year which could see anti-war and anti-globalisation protestors defined as ‘terrorists’.

The Criminal Justice (Terrorist Offences) Bill 2002 is expected to be rushed through committee and report stages following measures agreed at EU level in response to the atrocities in Madrid.

The State-appointed human rights watchdog has expressed concerns at the bill and said fundamental amendments are required.

The Human Rights Commission (HRC) said the definition of ‘terrorist offences’ is so wide that it could include anti-war protestors who spray-painted or damaged US aircraft in Shannon bound for Iraq.

“In our view, the definition adopted is impermissibly wide and runs the risk of categorising groups opposing dictatorial or oppressive regimes, anti-globalisation, anti-war or environmental protestors, or even militant trade unionists, as terrorists,” said the HRC in an analysis of the bill.

The Terrorist Offences Bill was drafted in response to a framework decision by the Council of the European Union in 2001 and has passed the second stage at the Dáil, but has not progressed since.

In the wake of the proposals agreed by EU justice ministers and confirmed by country leaders yesterday, the bill is now a priority for the government.

Under the bill, a terrorist offence is one that is committed with the intention of:

Seriously intimidating a population.

Unduly compelling a government or an international organisation to perform or abstain from an act.

Seriously destabilising or destroying the fundamental political, constitutional, economic or social structures of a state or an international organisation.

The HRC said these definitions carry a “significant risk” of breaching the human rights of those involved, as protected under the European Convention of Human Rights.

The agency described the bill as “emergency legislation”.

A spokeswoman for the Department of Justice said the minister would be proposing a number of amendments to the bill.