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APRIL
200 third anniversary of peace
agreement
Three years on and, in true Northern
Ireland tradition, even the name of the agreement has become polarised.
While most people still think of it as the Good Friday Agreement,
unionists and loyalists have dubbed that a “republican” name, and insist on
calling it the Belfast Agreement. Sadly,
the strong support for the agreement when it was brokered in1998 seems to be
waning on both sides of the divide, as nationalists see reform of the RUC
undermined and unionists look in vain for any sign of IRA de-commissioning.
It is becoming harder to disguise the fact that the centre of the
agreement was always hollow, in that there was no mutually agreed position, but
rather a package that balanced one set of demands against another, the hope
being that both sides would support the whole package for the sake of
maintaining their own agenda. In
the meantime, the killing goes on, with over 150 victims since the 1994
ceasefires; half of them murdered since the agreement was signed.
There is no substitute for dialogue and accommodation, and it is never
too late to begin. We take no stand
on the final outcome of the process – whether Northern Ireland becomes part of
Ireland or remains in the United Kingdom – but what we have always argued is
that mutual respect for human rights is vital if a just and lasting peace is
ever to be achieved. We have also
pleaded that human rights should not be used as bargaining chips. Unfortunately, that advice has not been heeded.
David Trimble, who as First Minister of the Northern Ireland Assembly
carries responsibility for human rights, has led a campaign by unionists to
discredit the Northern Ireland Human Rights Commission and human rights groups.
The government has bowed to political pressure, again from the unionists,
to water down the Patten proposals for reform of the RUC.
This is a short-sighted and potentially disastrous route, which does a
great disservice to the unionist population.
Human rights are not sectarian, they belong to everyone equally.
Everyone in Northern Ireland needs a good police service, which is why we
will continue to work to that end, no matter what labels detractors may seek to
attach to our work. We will also
continue to make our services available to anyone whose human rights have been
affected by the conflict, regardless of religion or political or community
affiliations.
UN COMMISSION
ON HUMAN RIGHTS CALLS FOR INQUIRIES
On 5th April the UN Commission for Human Rights adopted a report by the UN Special Rapporteur on the Independence of Judges and Lawyers, Dato’ Param Cumaraswamy, who called for a third time for a public inquiry into the murder of Patrick Fincane. He also called for the first time for an inquiry into Rosemary Nelson’s murder, echoing the call of the Irish government earlier this year. The Special Representative on Human Rights Defenders, Hina Jilani, also added her voice to his.
GOVERNMENT
SEEKS TO SILENCE UTV DOCUMENTARY
On 24th April the Ministry of Defence was granted a temporary injunction against Ulster Television’s Insight series, who were about to broadcast a programme, Following Orders, about infiltration by the Force Research Unit of former soldiers into the IRA. The programme would have alleged that members of the security forces and the public died in IRA attacks that were allowed to go ahead in order to protect these agents’ cover, and that these agents were actively involved in some of those attacks. It also included an interview with Dato’ Param Cumaraswamy, who called for a public inquiry into all the deaths allegedly caused by FRU. A permanent injunction was served on UTV on 26th April, banning them from broadcasting the fact that they had been banned! Both Channel 4 News and CNN broadcast similar stories over the following weekend, and the Guardian ran a front-page article on the topic. None of them was subjected to an injunction. I participated in the CNN programme. British Irish Rights Watch has sent a report to the UN Special Rapporteur on Freedom of Expression concerning this further exercise in shooting the messenger. We note that the government has not denied any of the allegations made about the activities of the FRU, which seem to have been responsible for an ever-increasing death toll, including, it would now appear, soldiers and RUC officers. Both unionist and nationalist politicians in Northern Ireland are calling for a public inquiry into the FRU. Our thanks to Katie Wiik for observing various court hearings on our behalf.
STOBIE CASE
STUMBLES ON
Billy Stobie, the
loyalist who admits supplying the weapons in the murder of Patrick Finucane but
claims he was an RUC Special Branch agent at the time, appeared in court again
on 24th April. The case
was adjourned until 18th May pending medical reports on the
prosecution’s key witness, journalist Neil Mullholland, who has indicated that
he is unfit to testify. There can
be little doubt that this case, the jewel in the crown of the Stevens 3
investigation, is on the verge of collapse.
CONGRATULATIONS
TO ICCL
The Irish Council
for Civil Liberties celebrates its 25th anniversary this month.
We are delighted to see it going from strength to strength.
It was a great pleasure to attend their first annual lecture on 20th
April and to hear an inspiring and thought-provoking address from our friend and
sponsor, Professor Kader Asmal MP, the South African Minister for Education, one
of the founder members of ICCL. It
was a salutary thought to remember that another of the founders was Mary
Robinson, who went on to be President of Ireland and is currently the UN High
Commissioner for Human Rights, and that two others, Michael Farrell and Donal
Barrington, are members of Ireland’s new Human Rights Commission.
success for
Gerard magee
The Court of Appeal in Northern Ireland has acquitted Gerard Magee after his case was referred back to them by the Criminal Cases Review Commission. Last year, the European Court of Human Rights found that he had not received a fair trial because he had been denied access to his solicitor while being interrogated in Castlereagh holding centre, under a regime described by the Court as oppressive. This ruling creates an important precedent in two ways. First, it has obvious implications for others who were denied access to legal advice in the holding centres. Secondly, it establishes that a finding of an unfair trial by the European Court of Human Rights carries weight in the Court of Appeal. Not least of all, Gerard Magee has at last found some justice, after years of legal battles.
AT LAST SOME
PROGRESS ON INQUESTS?
Although not
invited to do so, we have made submissions to the Lord Chancellor concerning his
proposals for making financial assistance available for representation at
inquests. We have argued that legal
aid should be available for all inquests, and that his proposed scheme should
extend financial assistance to those who do not qualify for legal aid.
We say that under the Human Rights Act everyone is entitled to an
effective investigation into a death under the right to life provisions of the
European Convention on Human Rights.
The government has
also announced a fundamental review of the inquest system in Northern Ireland
and in England & Wales. It is
not yet known who will conduct this review, but it offers a major opportunity
for reform, which is long overdue. On
25th April I attended a meeting with Inquest, Amnesty International
and the Committee on the Administration of Justice to discuss our initial
thoughts on the review. We agreed
to send a joint letter outlining the type of review we would like to see,
arguing that the starting point should be the UN Principles on the Effective
Prevention and Investigation of Extra-Judicial Executions.
BRIEFING OUR
AMERICAN FRIENDS
It was a pleasure
to meet with John Mackie, Chief of Staff to Representative Ben Gilman, and
Maureen Shannon of the American Embassy on 17th April to brief them
on some of the latest developments in human rights in Northern Ireland.
Jane Winter,
Director,
30th April 2001.
For Peace Justice & Human Rights
