The move was announced by Brandon Lewis, Britain’s Secretary of State for Northern Ireland, in July and would ban all dispute trials by introducing a statute of limitations to apply equally to all problem incidents.
According to the experts, this “would establish a de-facto amnesty and overall impunity for the gross human rights violations committed during that period.”
flagrant violation
“We express our grave concern that the plan outlined in the July statement prevents the pursuit of justice and accountability for the gross human rights violations committed during the unrest, thwarts the victims’ right to truth and effective reparation for the harm they have suffered, placing the United States and the Kingdom in flagrant violation to its international obligations Declaration.
In introducing the plan, the experts noted, Mr. Lewis justified the proceedings by saying that criminal justice could obstruct truth, information recovery and reconciliation.
They expressed concern that this justification “confuses reconciliation with impunity”, noting that criminal justice is an essential pillar of transitional justice processes.
They stressed that “the essential components of a transitional justice approach—truth, justice, reparation, memorialization, and guarantees of non-recurrence—cannot be traded-off for one another in the exercise of ‘choice and choice’.”
Oral History Initiative
More than 3,500 people were killed, and another 40,000 were injured, during the unrest that began in the late 1960s.
Fighting between British forces and the Irish Republican Army (IRA), and among other paramilitary groups across the Catholic-Protestant sectarian divide in Northern Ireland, mostly ended with the signing of the Good Friday Agreement in April 1998.
The UK government’s proposal foresees the creation of a new independent body where people will be able to receive information on loved ones who have died or been injured in the conflict. It also calls for the adoption of the oral history initiative.
The whole truth
The experts said: “It does not appear that the proposed plan includes measures to determine the full extent of the truth of human rights violations committed during the unrest and about the circumstances, causes and responsibilities that led to it.”
They added that the proposal also does not appear to guarantee that this fact is made available to all victims and to society as a whole, with due regard to the needs and safety of victims and with their full consent.
They further noted the insufficient clarification surrounding the statements of acknowledgment proposed by the various problem actors, and how this would conform to international standards with regard to public apologies.
independent voices
The two experts who issued the statement are Fabian Salvioli, UN Special Rapporteur on the Promotion of Truth, Justice, Reparation and Guarantees of Non-Recurrence, and Maurice Tidbal Baines, Special Rapporteur on extrajudicial, summary or arbitrary executions.
They were appointed by the United Nations Human Rights Council They are not employees of the United Nations, and the organization does not pay them their salaries.
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