[Congressional Record Volume 143, Number 160 (Thursday, November 13, 1997)]
[Extensions of Remarks]
[Pages E2368-E2369]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                HUMAN RIGHTS ISSUES IN NORTHERN IRELAND

                                 ______
                                 

                       HON. CHRISTOPHER H. SMITH

                             of new jersey

                    in the house of representatives

                      Thursday, November 13, 1997

  Mr. SMITH of New Jersey. Mr. Speaker, as everyone is aware, the 
British and Irish Governments face an unprecedented opportunity to 
achieve real peace in Northern Ireland. For the first time since the 
partition of Ireland in 1922, all parties are participating in peace 
talks while a cease-fire is in effect.
  The Subcommittee on International Operations and Human Rights, which 
I chair, has held two hearings on human rights abuses in Northern 
Ireland and on the prospects for improved human rights conditions as 
part of the current peace talks. At our hearings, international and 
American human rights experts, as well as victims and relatives of 
victims, provided compelling and eye-opening testimony about human 
rights abuses, the disregard for the rule of law, and the personal 
tragedies people in Northern Ireland have endured. All of our witnesses 
welcomed the interest and support of the U.S. Government and affirmed 
that American standards and ideals are critical to the success of the 
process.
  After the first hearing, I led a human rights, peace mission to the 
north of Ireland. I met with leaders from political parties on all 
sides of the conflict and with key officials in the Government, 
including Secretary of State Mo Mowlam. I was pleased by Secretary 
Mowlam's intimate understanding of the human rights concerns and remain 
hopeful that human rights protections will be afforded to members of 
all communities in Northern Ireland.
  While optimistic, I remain cautiously optimistic.
  Unfortunately, not even the best of intentions guarantee that the 
final agreement will genuinely protect human rights. In peace processes 
around the world, most recently in Bosnia, and Guatemala, we have seen 
that the atmosphere at these negotiations, the pressure to get an 
agreement, and the reluctance to reopen old wounds can have the 
unfortunate side effect of making human rights an after-thought rather 
than a central element to the agreement.
  I submit for the Record today, Mr. Speaker, my bill as amended, House 
Concurrent Resolution 152 which condemns violence and urges the 
participants of the multiparty talks in Northern Ireland to fully 
integrate internationally recognized human rights standards as part of 
the peace process. This resolution, which has broad bipartisan support 
and has been approved by the full International Relations Committee, 
puts Congress on record supporting human rights reforms in Northern 
Ireland. The text of the resolution is a culmination of information 
gathered on the trip and at the hearings. It identifies abuses and 
pronounces concrete recommendations for advancing human rights and 
building a lasting peace in Northern Ireland.
  In addition to condemning the violent crimes of paramilitary groups 
on both sides of the conflict, House Concurrent Resolution 152 
addresses the failures of the British Government. Notwithstanding the 
abuses perpetrated by partisan paramilitary forces, or by the police 
for that matter, we must remember that the central responsibility for 
protecting rights and maintaining the rule of law belongs to the 
Government--which in this case, at this particular time, is the British 
Government. When governments resort to methods that are illegal, 
unjust, or inhumane, even when these methods are seemingly directed 
against the guilty or the dangerous, the effect is not to preserve law 
and order but to undermine it.
  It is particularly saddening that the British Government, America's 
trusted ally, is the object of serious and credible charges of 
disrespect for the rule of law in the north of Ireland. All of the 
major human rights organizations, Amnesty International, Lawyers 
Committee for Human Rights, Human Rights Watch have been particularly 
critical of pervasive restrictions on the due process of law in 
Northern Ireland and they have testified that law enforcement officials 
of the United Kingdom, members of the Royal Ulster Constabulary, 
tolerate, and even perpetrate some of the gross abuses that have taken 
place in the north of Ireland.
  Under emergency legislation applicable only to Northern Ireland, 
police have expansive powers to arrest and detain suspects and to 
search premises without a warrant. In addition, the Government can 
suspend the right to trial by jury--the much maligned Diplock Courts 
System--and the universally recognized right to be preserved from self-
incrimination has been abridged.
  It seems to me that the power to arbitrarily arrest, detain, 
intimidate; the power to deny timely and appropriate legal counsel; and 
the power to compel self-incrimination is an abuse of power normally 
associated with our adversaries, Mr. Speaker, not our allies.
  Thus the resolution is a wake up call to our friends. Friends don't 
let friends abuse human rights.
  Witness after witness at our hearings expressed a fear that as 
political issues are addressed, universal human rights such as the 
right to silence, the right to jury trial, the right to attorneys, and 
the right to work free of discrimination, just to name a few, will be 
neglected.

  My resolution, which has broad bipartisan support, notifies 
negotiators in Belfast that the U.S. Congress believes that there must 
be reform on human rights issues if genuine peace is to be achieved. 
The resolution condemns political violence and recommends:
  The establishment of a bill of rights for all citizens of the North;
  A ``Truth Commission'', with international input, to investigate 
outstanding human rights abuses;
  The repeal of the so-called ``emergency legislation'' which has 
limited human rights in Northern Ireland for over 25 years;
  The establishment of a truly independent complaints mechanism for 
citizen inquiries regarding the Royal Ulster Constabulary (RUC) and 
other security forces; and
  A ban on plastic bullets.
  Mr. Speaker, House Concurrent Resolution 152 has been reviewed and 
endorsed by the major human rights groups, such as Amnesty 
International, Human Rights Watch, British Irish Rights Watch, the 
Committee on the Administration of Justice, and the Lawyers Committee 
for Human Rights. In addition, the Irish National Caucus, the Ancient 
Order of Hibernians, and the Hibernian Civil Rights Coalition have all 
urged swift passage of this Northern Ireland Human Rights Resolutions.
  We have an obligation to do all that we can to ensure that this 
historic opportunity for the promotion and establishment of human 
rights for everyone in Northern Ireland is not squandered. I have been 
advised by leadership staff that when Congress reconvenes in January, 
we will look to move House Concurrent Resolution 152. In the meantime, 
it is my sincerest hope that negotiators at the current talks will need 
our call for addressing outstanding human rights violations and fully 
integrating human rights standards as part of the peace process. 
Without a strong human rights foundation, it is unlikely that any 
proposed peace settlement will be just or lasting.
  I ask that House Concurrent Resolution 152, as amended, a list of 
current cosponsors, and a fact sheet of comments made by human rights 
groups about the resolution be made part of the Record.

              Human Rights Groups Endorse H. Con. Res. 152

       Amnesty International, Human Rights Watch, British Irish 
     Rights Watch, Committee on the Administration of Justice, 
     Lawyers Committee for Human Rights and others urge passage of 
     Northern Ireland Human Rights Resolution.
       ``Human Rights Watch fully supports the resolution now 
     being considered for passage by the Congress regarding human 
     rights in the Northern Ireland peace process. The resolution 
     rightly recognizes the gravity of past violations and the 
     role that such abuses have played in perpetuating the 
     conflict . . . the resolution is a signal that Congress is 
     eager to prevent the same lack of attention to human rights 
     issues which has doomed other peace processes and may 
     threaten the success of the Northern Ireland peace process if 
     action is not taken now . . . We heartily endorse the 
     resolution.''--Human Rights Watch
       ``Amnesty International welcomes the resolution proposed by 
     the Congress which situates the centrality of human rights 
     within the peace process and raises a number of key concerns 
     which are in line with many of our own concerns. The 
     recommendations [in the resolution], if acted upon, would 
     make a significant contribution to developing a lasting peace 
     in Northern Ireland.''--Amnesty International
       ``We very much welcome this resolution. It's the first 
     document of its kind that we have seen that does acknowledge 
     the role that human rights must play in the Northern Ireland 
     peace process. The individual issues that it raises are all 
     matters of burning concern to the people of Northern 
     Ireland.''--British Irish Rights Watch

[[Page E2369]]

       ``Any effort by Congress to raise these [human rights] 
     issues is particularly welcome and deserves widespread 
     support. In that regard, the initiative taken by Chairman 
     Smith and supported by other members in relation to the 
     resolution on these issues and others is particularly welcome 
     . . . it would be helpful if the concerns of Congress on 
     these and other human rights could be raised with the British 
     and Irish governments, Senator Mitchell, and with the U.S. 
     administration . . . We look to the resolution receiving 
     widespread support and are grateful for the efforts of 
     Congress and hope they will continue.''--Committee on the 
     Administration of Justice
       ``We join in your call expressed in the concurrent 
     resolution for repeal of emergency laws and the establishment 
     of a mechanism for independent investigations of threats and 
     intimidation of solicitors. We urge Congress to . . . 
     continue to press its concerns about human rights in Northern 
     Ireland . . . ''--Lawyers Committee for Human Rights
                                  ____


                            H. Con. Res. 152

       Expressing the sense of the Congress that all parties to 
     the multi-party peace talks regarding Northern Ireland should 
     condemn violence, adequately address outstanding human rights 
     violations and fully integrate internationally recognized 
     human rights standards as part of the peace process.
       Whereas approximately 3,000 people have died and thousands 
     more have been injured as a result of the political violence 
     in Northern Ireland since 1969;
       Whereas the denial of human rights has been at the heart of 
     the violence and the conflict in Northern Ireland;
       Whereas the Department of State's Country Reports on Human 
     Rights Practices for 1996 states that both Republican and 
     Loyalist paramilitary groups have engaged in vigilante 
     punishment attacks and the exile of informers ``by force'';
       Whereas the Department of State's Country Reports on Human 
     Rights Practices for 1996 also states that members of the 
     Royal Ulster Constabulary (RUC), Northern Ireland's police 
     force, have committed human rights abuses;
       Whereas emergency legislation, namely the Northern Ireland 
     Emergency Provisions Act and the Prevention of Terrorism Act, 
     have provided the RUC with sweeping powers to arrest and 
     detain suspects without being charged, deny them access to 
     counsel for extended periods of time, and search their 
     premises without a warrant;
       Whereas an unnecessary reliance on emergency powers and the 
     absence of jury trials in Diplock courts has created 
     significant problems in the judiciary in Northern Ireland, 
     including a dependency on confessions obtained through 
     abusive police tactics and the acceptance of uncorroborated 
     police statements;
       Whereas these Diplock courts have, among other abuses, 
     violated the right to remain silent and have inconsistently 
     applied the controversial doctrine of common purpose, 
     convicting people such as Sean Kelly and Michael Timmons on 
     the premise that they should have anticipated the actions of 
     others around them;
       Whereas the United Nations Committee Against Torture, the 
     United Nations Human Rights Committee, the European Court of 
     Human Rights and the United States Department of State's 
     Country Reports on Human Rights have raised serious concerns 
     about mistreatment of detainees in Northern Ireland in 
     prisons and in special holding centers where confessions have 
     been forced from people such as William Bell under duress;
       Whereas the emergency laws have also led to life 
     threatening intimidation of defense attorneys and 
     interference in the attorney-client relationship;
       Whereas the government authorities have failed to provide 
     an effective means of independently investigating threats 
     against solicitors and complaints of police harassment and 
     abuse raised by citizens and solicitors;
       Whereas the murder of Patrick Finucane, a leading defense 
     and civil rights solicitor, is just one case in which the 
     government has refused to release the findings of its 
     inquiries and has ignored the call for independent public 
     inquiry for the purposes of identifying responsible parties;
       Whereas in contravention of internationally recognized 
     standards and despite criticism by the United Nations 
     Committee Against Torture and the European Parliament, the 
     British Government uses plastic bullets only in Northern 
     Ireland and in a way that appears sectarian;
       Whereas Catholic males are more than twice as likely as 
     Protestant males to be unemployed, and a series of important 
     proposals concerning employment equality await serious 
     attention by the government;
       Whereas the 1985 Anglo-Irish Agreement, the 1993 Joint 
     Declaration, and the 1995 Framework Document were signed by 
     the British and Irish Governments and have led to the multi-
     party talks aimed at facilitating justice, peace, stability, 
     and an end to violence in Northern Ireland;
       Whereas the multi-party talks, attended by the 
     representatives of the British and Irish Governments and 
     representatives elected from the political parties and 
     chaired by former United States Senator George Mitchell, 
     resumed on September 15, 1997;
       Whereas for the first time since the partition of Ireland 
     in 1922 both sides of the conflict are attending multi-party 
     peace talks creating a momentous opportunity for progress on 
     human rights concerns; and
       Whereas the objectives of the United States, which has 
     contributed to the International Fund for Ireland, has always 
     been to help facilitate a just and lasting peace based on a 
     guarantee of human rights and fair employment opportunities 
     for members on all sides of the conflict: Now therefore, be 
     it
       Resolved by the House of Representatives (the Senate 
     concurring), That--
       (1) the Congress condemns the violence committed by 
     paramilitary groups on both sides of the conflict in Norther 
     Ireland and, at times, by agents of the British Government, 
     as illegal, unjust, and inhumane;
       (2) the Congress commends and supports the new leadership 
     in both the British and Irish governments for fostering a new 
     environment in which human rights may be addressed and an 
     agreement may be reached expiditiously through inclusive 
     talks;
       (3) the Congress commends the work of former United States 
     Senator George Mitchell, who as the Independent Chairman of 
     the talks has authored the ``Mitchell Principles'', signed by 
     all participants, rejecting violence and emphasizing 
     democratic, peaceful means for resolving the outstanding 
     political issues; and
       (4) it is the sense of the Congress that--
       (A) human rights abuses have been at the heart of the 
     conflict in Northern Ireland and respect for human rights 
     must now be at the heart of the peace process;
       (B) human rights should be protected for all citizens in a 
     society and any peace agreement in Northern Ireland must 
     recognize the state's obligation to protect human rights in 
     all circumstances;
       (C) the establishment of a bill of rights for the people of 
     Northern Ireland may advance and strengthen the peace 
     process;
       (D) the multiparty negotiations should consider the 
     feasibility of establishing an independent ``Truth 
     Commission'', with international input, to look into 
     outstanding cases of human rights abuses committed by all 
     sides of the conflict, giving special consideration to those 
     who have been unable to obtain full disclosure about how 
     their loved ones met their deaths;
       (E) during this unprecedented period of peace and all party 
     talks, emergency legislation that limits human rights should 
     be repealed;
       (F) a truly indpendent compliants mechanism for the review 
     of citizen inquiries regarding alleged abuses of the Royal 
     Ulster Constabulary (RUC) and other security forces should be 
     established;
       (G) there should be a mechanism by which all defense 
     solicitors have a vigorous independent investigation of 
     threats they receive and are accorded effective protection; 
     and
       (H) plastic bullets hould be withdrawn from use in 
     accordance with the recommendations of the European 
     Parliament and many other international and local bodies.

     

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