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NOVEMBER 2007
JANE WINTER WINS PRESTIGIOUS BEACON AWARD
I am delighted to report that I have been awarded the Beacon Award for Northern Ireland 2007 for my work for British Irish rights watch. I would like to thank the Beacon Fellowship Trust for this great honour, and those who nominated me. I also acknowledge my debt to the staff, volunteers, interns and Management Committee at BIRW, all of whom have contributed to our success, and to our funders who support our work. Above all, I would like to thank all the people we work with in Northern Ireland and elsewhere around the world, without whom BIRW would not exist. Thanks also to all those who have sent us their congratulations. Further information about the award should be available soon at http://www.beaconfellowship.
org.uk/thanksforgiving.asp. The award itself takes the form of a beautiful piece of original art by Janet Rogers (www.janetrogers.com), which has pride of place on the office wall.
QUESTIONS ASKED OF THE BILLY WRIGHT INQUIRY
BIRW and the Committee on the Administration, who have had an independent observer, Laura McMahon, at the hearings of the Billy Wright Inquiry, have written to the Inquiry asked questions about a number of procedural matters. In particular, we are concerned that the Inquiry has suspended its hearings while it produces an interim report on failure by the police, in particular, to disclose intelligence information to them. This unusual step will delay the Inquiry, which had been the first of the inquiries recommended by Judge Cory to start holding substantive hearings. We share the Inquiry’s perturbation at the failure of both the police and the Prison Service to comply with disclosure orders. It seems entirely wrong that agents of the state should be able to hamper an inquiry ordained by the government.
Christy walsh wins right to third appeal
Our Researcher, Caroline Parkes, observed the latest stage of Christy Walsh’s bid to clear his name. On 8 November 2007, he was given leave to allow the submission of specific evidence appeal to have his conviction for possession of an explosive device overturned. BIRW has been helping Christy Walsh since the early 1990s and have been appalled by the way he has fallen through every safety met within the criminal justice system. We were delighted that on this occasion the system has delivered on this aspect of his fight for justice. We note that this is not the end of the road and he still has some distance to go.
ROISIN McALISKEY EXTRADITION REFUSED
We are also pleased to report that the application to extradite Roisin McAliskey, the daughter of civil rights activist Bernadette Devlin McAliskey, to Germany, was denied by a Belfast court on 23 November 2007. The application related to her alleged involvement in the 1996 Osnabruck bombing, for which Germany had previously sought her extradition. Although she was detained for 16 months, she was released in 1998 on the grounds that her extradition would be “unjust and oppressive”. Refusing the second request for her extradition, Judge Burgess stated that it “would be oppressive because of the passage of time”. Roisin McAliskey had believed that the threat of extradition was behind her, as a result of her earlier release in 1998, and the Attorney General’s subsequent statement in 2000 that there were no grounds for instituting proceedings against her in the UK. To extradite her now would be oppressive, especially given the mental trauma she had suffered. BIRW have been closely monitoring the case and providing advice and assistance to the solicitors acting on her behalf.
SUBMISSION TO THE UN HUMAN RIGHTS COUNCIL'S UNIVERSAL PERIODIC REVIEW MECHANISM
BIRW have made a submission to the UN Human Rights Council’s Universal Periodic Review Mechanism concerning the UK. This mechanism is very new, having been established in June 2007. It undertakes a periodic review of the fulfilment by each state of its human rights obligations and commitments, based on objective and reliable information. The mechanism itself is supposed to be cooperative, based on an interactive dialogue, with the full involvement of the country concerned. The UK is to be considered within the first session, between 7 and 18 April 2008. NGOs are encouraged to participate in the review, and are invited to make submissions, although they are limited to five pages. Nevertheless, BIRW managed to raise a number of issues, including concerns about the UK’s counter terror legislation and the Inquiries Act 2005, information about the Bill of Rights for both Northern Ireland and Britain, and the deployment of plastic bullets and tasers. The full submission can be found on our website.
JOHN CRAWFORD
Caroline Parkes attended a meeting with the family of John Crawford at the Historical Enquiries Team and received an update on the investigation into his death.
DEALING WITH THE PAST
BIRW has made a comprehensive submission to the Consultative Group on the Past, which is looking at how the people of Northern Ireland can move forward into a shared future without being overshadowed by the legacy of the conflict. A copy of our submission will shortly be available on our website. Despite many reservations about the manner in which the consultation has been conducted, BIRW strongly endorses the notion that Northern Ireland is badly in need of a shared future that is not over-shadowed by its past, provided that future is based on respect for everyone’s human rights and on equality. One of the greatest obstacles to moving forward into a better future is the enormous human rights deficit which has been allowed to develop in Northern Ireland. Many of the proposals we make in our submission stem from, and are intended to suggest remedies for, the lack of respect for human rights which has permeated Northern Ireland at many levels for far too long. We have also argued that the past cannot be dealt with properly by attempting to sweep it under the carpet. Many victims of the conflict have a great thirst for truth and justice, which cannot be airbrushed away. Mechanisms must be found to provide effective mechanisms for acknowledging and investigating the truth about what really happened during the conflict, not in order to dwell on the past, but in order to ensure that it can never be repeated.
dignam parents meet the gards
On 1 November 2007, I travelled to Portadown to meet representatives of An Garda Síochána together with the parents of John Dignam, killed by the IRA and labelled as an informer in 1992. Despite strong suspicions that John Dignam was interrogated by the IRA’s internal disciplinary unit and murdered in the Republic of Ireland, it transpires that the RUC never asked the Gards to carry out an investigation on their side of the border. Many questions remain to be answered concerning this murder and three other related deaths, including that of civil servant Margaret Perry a year beforehand.
PARADES COMMISSION UNDER SCRUTINY
Caroline Parkes spent two days observing the case of In re Duffy at the House of Lords. The case concerned the appointment, in 2005, of two prominent members of the Orange Order to the Parades Commission, and whether it was possible for them to fulfil their functions independently and impartially. A full report on the hearing will be available shortly on our website. Judgment was reserved.
UN representativeS CAUGHT UP IN PAKISTAN CRISIS
Two of the UN’s most able representatives, who happen to be sisters and to come from Pakistan, found themselves affected by this month’s crisis in Pakistan. Asma Janhangir, the Special Rapporteur on freedom of religion, was placed under house arrest, along with many other lawyers and judges. Hina Jilani, the Special Representative on human rights defenders, found herself unable to return home for fear of suffering the same fate. BIRW did what we could to draw attention to their plight by circulating information and alerting journalists.
REPORT TO UN SPECIAL REPRESENTATIVE ON HUMAN RIGHTS DEFENDERS
Ironically, just before the crisis broke, Hina Jilani was in London, and we sent her a report updating her on the situation in relation to inquiries into the deaths of two human rights lawyers, Patrick Finucane and Rosemary Nelson, in whose cases she has taken a long-term interest. We also updated her on the Inquiries Act 2005, and on the problems being encountered by the Billy Wright Inquiry and the Robert Hamill Inquiry, both of which have been converted to inquiries under the Act. The Inquiries Act has been very little used – we could find only three instances beyond the Wright and Hamill Inquiries, none of which was chaired by a judge.
BIRW EVALUATED
BIRW have received the report of the independent evaluation of our work carried out by Steven Burkeman and Alison Harker. The evaluators described BIRW as “an outstanding success story”, and said that even those whom we criticise recognised the importance of our role. The report contains many recommendations for improvements for us to consider, and we will be discussing them and drawing up a strategic plan in February next year. We are grateful to Alison and Steven for all their work.
meeting with the northern Ireland human rights commission
Lucy Claridge and I met members of the Northern Ireland Human Rights Commission here in London on 13 November 2007. We discussed a wide range of issues, including conditions for separated prisoners, counter-terrorism measures, the Bill of Rights, dealing with the past, tasers, inquiries, and the Commission’s powers.
rights and righteousness
At the beginning of the month Caroline Parkes attended a two-day conference in Belfast, organised by the Northern Ireland Human Rights Commission, entitled “Rights and Righteousness, Religious Pluralism and Human Rights”. The conference considered the complementarities and tensions between rights- and righteousness-based approaches to justice. A wide variety of delegates attended, so there were some robust discussions around issues such as religious education in school and truth and reconciliation.
POLICE CODE OF ETHICS
Speaking of righteousness, this month BIRW participated in the final round of consultations by the PSNI on their revised Code of Ethics.
BIRW TALKS TO NOTTINGHAM UNIVERSITY LAW STUDENTS…
On 26 November 2007, BIRW’s Deputy Director Lucy Claridge gave a talk to a number of international human rights law students at Nottingham University. She focused on the human rights aspects of the Northern Ireland conflict, covering BIRW’s work and issues of transitional justice. The talk was followed by wide discussion amongst students, including the controversial topic of how to deal with the past.
… AND TO HUMAN RIGHTS STUDENTS AT ICS
On 29 November 2007, I ran a session for students at the Institute of Commonwealth Studies on lobbying. As always, it was a lively event with a good exchange of information and experience among the participants.
over 2.5 million visit birw’s website
In October this year, the number of visitors to BIRW’s website – www.birw.org – topped two and a half million. On average, between 50,000 and 60,000 visit our website each month.
welcome to Jo
A warm welcome to our new intern Jo Easton, who is studying for a Master’s degree in Human Rights at the Institute for Commonwealth Studies. Jo is with us one day a week, helping us with our database of deaths arising from the conflict.
FUNDRAISING WORKSHOP
Lucy Claridge attended a day’s fundraising course at the Directory of Social Change in early November 2007, focusing in particular on trusts and foundations. The course provided an overview of their basic structure and moved on to address some innovative ideas to research and approach potential new funders, and how to write successful applications.
ANNUAL REPORT
BIRW is working hard to prepare and finish its Annual Report for 2007, which it is hoped will be ready by mid-December 2007. The finished product will be posted to those on our mailing list and also made available on our website. If you would like to ensure you receive a copy, please email birw@birw.org or write to us with details of your name and address.
UPDATE YOUR CONTACT DETAILS
We are currently updating all our contact information to improve and ease our administration. If your details have changed recently, or you are not already on our mailing list but would like to receive information from us, please email birw@birw.org or write to us with details of your name, address, telephone number and email address and we will include you within our database. We will only use information we hold about you in line with the Data Protection Act.
RAISE MONEY FOR BRITISH IRISH RIGHTS WATCH IF YOU BUY CHRISTMAS CARDS
If you’re buying Christmas cards this year, and have not already done so, please think of British Irish rights watch. We have teamed up with an online company called Studio 51 - www.Studio51.com - who have agreed that for every pound you spend buying Christmas cards from them, we will receive a huge contribution of 51p. Studio51 has a wide collection of good quality cards at fair prices, starting at £3.99 for 20 and up to £6.50 for 10. The website is very easy to use: just select your cards, select British Irish rights watch, pay online or by cheque and the cards will then be delivered to you by first class post within a few days. You can order a sample to check the quality and Studio51 also guarantees that, if for any reason you are not satisfied, they will refund you the price of the cards.
Jane Winter,
Director
30 November 2007.
For Peace Justice & Human Rights
