The role of the independent observer is to monitor the use of force and restraints for deportees.
A GOVERNMENT CHARTER flight to Nigeria earlier this month has been criticised after it emerged that no independent human rights observer was on board the flight.
Social Democrats TD Gary Gannon accused the government of “skipping independent scrutiny” in favour of “theatre” by allowing the flight to make its journey without a monitor on board.
These independent human rights observers were on board the government’s two previous charter flights, which saw a combined 71 people deported to Georgia.
This was followed by a special charter flight this month where some 35 people, including five children, were deported from Ireland to Nigeria.
The flight was heavily criticised afterwards by a Dublin school and by a Clondalkin community group as each had members of their community on board.
In response to a Parliamentary Question from Gannon about the makeup of the professional personnel involved in the flight, Justice Minister Jim O’Callaghan disclosed that “due to technical reasons outside the control” of the Department of Justice, the human rights observer was not able to accompany the flight to Lagos.
O’Callaghan defended himself from criticism of the flights, telling Gannon that planning and consideration had been given to “ensure the safety and wellbeing” of the people being removed from Ireland to Nigeria.
Role of human rights observers
The role of the independent human rights observer is to monitor the use of force and restraints for deportees on the flight.
Such observers are currently not mandatory for charter deportation flights in Ireland. However, there are requirements to have such monitors so as to ensure fundamental rights are upheld during forced returns of people.
These requirements feature in the Optional Protocol to the UN Convention against Torture (OPCAT) but Ireland remains the only EU member state yet to ratify the protocol, despite having signed it in 2007. It is included in the current Programme for Government.
They had been present at Dublin Airport before the flight took off and later received a debrief from gardaí who were on board the plane, according to O’Callaghan. In addition to Garda personnel, the returnees on the flights were accompanied by a doctor and an advanced paramedic.
The flights are carried out by the Garda National Immigration Bureau.
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In his response to Gannon, seen by The Journal, O’Callaghan said the independent observer was briefed by gardaí afterwards.
“For the charter flight to Nigeria the observer was present in Dublin Airport to monitor the operation prior to departure of the charter flight on 4 June 2025 and meet with returnees including the families concerned,” O’Callaghan said.
“However, due to technical reasons outside the control of my Department, the observer was not able to accompany the flight to Lagos. The observer has been debriefed by a nominated Garda escort on the operation of the flight.”
Gannon had asked about the number of professionals present on board, including medical staff, child protection professionals and psychological support personnel.
The Dublin Central TD told The Journal that the minister needed to clarify whether he believes a human rights observer is “essential” for the flights. If so, then O’Callaghan needed to outline “why did he let the Nigeria flight go ahead” without an observer.
He repeated a criticism of the minister’s use of the flights as a form of PR and a submission to anti-migrant demonstrations seen over recent years.
“Having the Gardaí who carried out the deportation ‘debrief’ the observer afterwards isn’t oversight, it’s theatre,” Gannon said.
“This flight involved children. The State has a legal and moral duty to safeguard their rights at every stage, not just when it’s convenient.
Skipping independent scrutiny when children are being forcibly removed strips away any pretence of a rights-based approach. What we’re seeing is a government more committed to appearing tough than doing things properly.
Gannon added that the deportation flights will “go down as a shameful episode” in the life of the current government.
“It may play well in certain corners of the political world, but anyone with a shred of decency can see how wrong this was,” Gannon claimed.
The Fianna Fáil minister said he accepted that deportations were “challenging” for the people involved. He added that they had received legal orders to leave the State and that the flights were required to ensuring that Ireland’s immigration system is “robust and rules based”.
He noted that any person who has been ordered to leave the State is committing a criminal offence and “can be arrested without warrant if they come into contact with An Garda Síochána”.
The 2,113 deportation orders signed this year are nearing last year’s total of 2,403 orders.
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