TNAG-2156-FCO40-3076-International-Covenant-on-Civil-and-Political-Rights-(ICCPR)-1990 — Page 42

CCPR/C/58/Add.6 page 10

Positive measures to preserve religious or cultural identity

46. In general, different communities are able to preserve and practise their own cultures and religions and the Government sees no need for any direct intervention. There are, however, certain practices, e.g. polygamy, ritual scarring or certain forms of punishment which it is not thought possible to accommodate within the United Kingdom.

Northern Ireland - political and religious discrimination and discrimination in employment

47.

The Government places a high priority on removing obstacles to equality of opportunity and any manifestations of religious or political discrimination in Northern Ireland society. Such discrimination by central and local government statutory bodies has been unlawful in Northern Ireland since the enactment of the Northern Ireland Constitution Act 1973. The Act also provided that any legislation by a devolved Assembly, or any subordinate legislation by the United Kingdom Parliament applying solely to Northern Ireland, should not discriminate on such grounds, and that such legislation would be void to the extent that it discriminated in this way. In addition, the Act set up an independent Standing Advisory Commission on Human Rights to advise on the adequacy and effectiveness of the law in preventing discrimination, and to recommend such changes as were necessary. In practice, the Commission has

considered the whole range of human rights issues in Northern Ireland, including emergency legislation and related topics such as police powers and complaints procedures, the judicial system and delays in the criminal justice system.

48.

The Fair Employment (Northern Ireland) Act 1976 outlawed religious and political discrimination in employment, and established a Fair Employment Agency to advise and assist potential complainants and to investigate employers' employment practices where necessary. Advice to employers was also provided by the Government in 1978 in the form of a "Guide to manpower policies and practices" - this was superseded in 1987 by a new "Guide to effective practice".

The

49. The Government has now introduced legislation to strengthen the existing law on religious discrimination in employment in Northern Ireland. Under the Fair Employment (Northern Ireland) Act 1989, the Fair Employment Agency is replaced by a new Fair Employment Commission, with increased staff and financial resources and with wide powers of investigation and inquiry. Act also establishes a Fair Employment Tribunal which will adjudicate on individual cases of alleged religious discrimination and enforce directions of the Commission. Unintentional or indirect discrimination has been made illegal. New obligations are imposed on public and private sector employers, who must register with the Commission, monitor the religious composition of their work-force (and, in some cases, their applicants) and submit annual returns to the Commission. Failure to register, or to submit returns, are among a series of criminal offences attracting substantial fines.

50. Furthermore, an employer in breach of an order of compliance of the Fair Employment Tribunal may receive a monetary penalty of up to £30,000. Any employer who is in breach of his obligations under the new Act may not be considered for public sector contracts and will not be eligible for government