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NOVEMBER 2006
bill of rights round table a reality at last?
The Joint Declaration by the British and Irish governments of April 2003 promised a Round Table made up of representatives of the political parties and civil society in Northern Ireland in order to facilitate the Northern Ireland Human Rights Commission’s deliberations on a Bill of Rights. Nothing happened, but the Round Table was reinvented as a Forum in the St Andrews Agreement of 13th October 2006, with its first meeting promised for December 2006. As soon as the announcement was made, BIRW wrote to the Secretary of State for Northern Ireland, the Northern Ireland Human Rights Commission, the Irish government, every major political party in these islands, the United Nations and the European Union, arguing an independent secretariat, a chair of international standing, and sufficient resources for the Forum. The government agreed to all these matters, but put out a consultation paper on the Forum’s terms of reference, timetable, membership and so on, allowing a period of only ten working days for a response. BIRW managed to respond within this tight deadline, and again circulated our response widely. The government has now announced that the Forum will not begin work until next January. One of our many concerns is that the Forum will not be able to produce useful recommendations by September 2007, as the consultation paper envisages. We also remain concerned that it will not be possible in the time available to find a chair with sufficient authority to enable the diverse membership of the Forum to work together effectively.
parliament scRutinises uk compliance with european convention on terrorism
BIRW have submitted our comments on the government’s ratification of the Council of Europe’s Convention on the Prevention of Terrorism to the parliamentary Joint Committee on Human Rights. While the nature of the inquiry primarily focused on sections of the Terrorism Act 2006, BIRW drew on our experience in Northern Ireland to express our concern that lessons are not being learnt from previous conflicts.
SECRETARY OF STATE HAS HIS KNUCKLES RAPPED OVER VICTIMS’ APPOINTMENT
The judgment of Girvan J in the judicial review of the way the Secretary of State took into account improper political considerations when appointing the Interim Victims’ Commissioner is a model for anyone who wants to understand accountability in public office. While no-one is for a moment criticising the appointee, Bertha McDougall, who has herself become a victim of maladministration, the judgment forensically analyses the shortcomings of the appointment system itself, which put a desire to appease political concerns before the public interest. The judge identified 67 separate questions that need answering, and left the Attorney-General with no option but to instigate an inquiry, the outcome of which we await with interest.
important reportS on collusion
We welcome the Report of the Independent International Panel on Alleged Collusion in Sectarian Killings in Northern Ireland commissioned by the Pat Finucane Centre and available on their website. It is a significant contribution to uncovering the depth and extent of collusion in the 1970s and examines 74 murders in which a panel of international, independent legal experts found that RUC and UDR members colluded with loyalist paramilitaries.
Also of great significance is the third report by the Joint Committee of the Oireachtas on Justice. Equality, Defence and Women’s Rights on Judge Barron’s latest report into the bombing of Kay’s Tavern in Dundalk in December 1975. The Committee has issued its most severe criticism to date of collusion by members of the British security forces with loyalists in acts of terrorism in Ireland and has said that the United Kingdom government can no longer shirk its responsibility to co-operate fully with the Irish authorities to investigate these atrocities.
damien walsh
Caroline went to Belfast in early November to meet with Marian Walsh, whose son Damien was murdered at his work place on 25 March 1993. He was just 17 years old. Marian Walsh is the founder of the Victims and Survivors Trust in Belfast, an organisation she set up after her son’s murder. BIRW will be carrying out research into this case.
50:50 POLICE RECRUITMENT
BIRW have submitted our comments on the possible extension of the Police Service of Northern Ireland’s 50:50 Catholic:Protestant recruitment scheme. BIRW are broadly supportive of this extension. The PSNI have not been able to recruit enough Catholic police officers to the force; this is undermining the Patten recommendations and community confidence in the police. This failure is in part due to failings within the PSNI such as an absence of minority representation and partly to external factors such as the intimidation of new recruits.
POLICE CODE OF ETHICS
BIRW have responded to a Policing Board consultation on the review of the PSNI’s Code of Ethics. While BIRW are satisfied with the Code of Ethics, we do feel, as with all policy documents, that training and follow-up are key in their implementation and subsequent success.
BALLYMURPHY
BIRW continue to monitor the situation in Ballymurphy in West Belfast. We are particularly concerned by the attack on 22nd November which has left one young man in burns so severe that he has been put into an induced coma. Several others were also injured in the incident.
HUMAN RIGHTS WATCH HONOURS HUMAN RIGHTS DEFENDERS
Many thanks to Adrian Arena for his kind invitation to attend Human Rights Watch’s annual London dinner as a guest of the Oak Foundation on 7th November. The dinner honoured three outstanding human rights defenders. Salih Mahmoud Osman is a lawyer and human rights activist from the Darfur region of Sudan who for twenty years has defended and given free legal aid to people who have been arbitrarily detained and tortured by the Sudanese government. For this work, Salih has himself been arrested and arbitrarily detained. Beatrice Were is an ardent activist who is exposing and improving the plight of women and children living with HIV/AIDS in Uganda.
a word from our sponsor
On 10th November I had the great pleasure of hearing one of our sponsors, Professor Kader Asmal MP, deliver at Chatham House the Sir William Dale Annual Lecture on the subject of The South African Constitution and the Transition from Apartheid: Legislating the reconciliation of rights in a multi-cultural society. His speech, which celebrated diversity and what he termed “the right to be different” was inspirational and had many resonances for Northern Ireland and the Bill of Rights project. The following day I enjoyed an extended lunch with Kader, during which I briefed him on the human rights situation in Northern Ireland, a subject in which he continues to take a lively and well-informed interest.
CRAIG McCAUSLAND
We have made a further complaint to the Police Ombudsman on behalf of the family of Craig McCausland, whose murder by loyalists in July 2005 remains unsolved.
COMMUNITY RESTORATIVE JUSTICE
BIRW has responded to the NIO’s consultation on Community Restorative Justice Schemes draft guidelines. These guidelines are an improvement on those proffered in the original consultation; in particular, the development of a panel to determine the suitability of CRJ job candidates and an independent complaints mechanism are both positive steps. We also forwarded our comments to Northern Ireland Affairs Committee who are conducting an inquiry into Community Restorative Justice Schemes.
TODAY’S STUDENTS WILL BE CHANGING THE WORLD TOMORROW
On 23rd November I taught a session on lobbying to the Masters degree students on the Understanding Human Rights course at the Institute of Advanced Legal Studies. Perhaps as a former Visiting Fellow of the Institute I ought not to say this, but I think that their blend of the academic with the practical is the ideal way to teach human rights.
welcome to louise
We are happy to welcome Louise Donnelly from the institute of Commonwealth Studies, who is spending a day a week with us helping us to work on our database of deaths arising from the conflict.
Jane Winter,
Director,
30th November 2006.
For Peace Justice & Human Rights
