Amnesty Proposal 'Thwarts Access To Truth' – UN

The UK government's proposal to end conflict related prosecutions "thwarts access to truth", the UN Human Rights Council (UNHRC) has said.

Two independent experts appointed by the UNHRC have expressed "serious concern" over the proposal, announced by Brandon Lewis, UK Secretary of State for Northern Ireland, in July, which would ban all conflict-related prosecutions through the introduction of a statute of limitations to apply equally to all Troubles-related incidents.

This "would effectively institute a de-facto amnesty and blanket impunity for the grave human rights violations committed during that period," according to the experts.

The UNHRC said: "We express grave concern that the plan outlined in July's statement forecloses the pursuit of justice and accountability for the serious human rights violations committed during the troubles, and thwarts victims' rights to truth and to an effective remedy for the harm suffered, placing the United Kingdom in flagrant violation of its international obligations."

The experts recalled that in presenting the plan, Mr. Lewis justified the measures by stating criminal justice can impede truth, information recovery and reconciliation.

They were concerned that this justification "conflates reconciliation with impunity", noting that criminal justice is an essential pillar of transitional justice processes.

The UNHRC added: "The essential components of a transitional justice approach - truth, justice, reparation, memorialization and guarantees of non-recurrence - cannot be traded off against one another in a 'pick and choose' exercise."

More than 3,500 people were killed, and another 40,000 injured, during the Troubles, which began in the late 1960s.

Fighting between British forces and the self-styled Irish Republican Army (IRA), and between other paramilitary groups across the Catholic-Protestant sectarian divide in Northern Ireland, ended, for the most part, with the signing of the Good Friday Agreement in April 1998.

The UK Government proposal foresees the establishment of a new independent body where people will be able to receive information about their loved ones who died or were injured in the conflict. It also calls for adoption of an oral history initiative.

"The proposed plan does not seem to include measures for establishing the full extent of the truth about the human rights violations perpetrated during the Troubles and about the circumstances, reasons and responsibilities that led to them," the UNHRC said.

They added that the proposal also does not seem to ensure that this truth is accessible to all victims, and to society as a whole, with due consideration of the needs and safety of victims and with their full consent.

They further noted the insufficient clarification surrounding the proposed statements of acknowledgement by the various actors in the Troubles, and how this would comply with international standards regarding the provision of public apologies.

Welcoming the statement from the UNHRC Sinn Féin Vice President and Deputy First Minister, Michelle O'Neill said: "I had written in recent weeks to the British Secretary of State urging him to listen to the voices of victims and their families and withdraw controversial legacy proposals and instead commit to fully implementing the Stormont House Agreement in a human rights compliant manner.

"The British government amnesty proposals are clearly an attempt to put state forces beyond the reach of the law and to continue to deny truth to families.

"The proposals have been rejected by the Assembly. It is now clear that if implemented, they will also potentially breach international law.

"Not for the first time, UN experts are shining a spotlight on the cynical and duplicitous intent of the British government's amnesty proposals which also seek to ban all prosecutions, impede investigations, and preclude victims' civil claims.

"It is the view of the UN experts that these proposals 'would effectively institute a de-facto amnesty and blanket impunity for the grave human rights violations committed during that period'.

"These British government amnesty proposals are a flagrant and open disregard of international obligations and established human rights norms and practices.

"This intervention by UN experts, at this time, is a further signal that the international community is alert, awakened and aware of the British government's cynical intent to cover up their dirty war in Ireland.

"The UN intervention is a real wake-up call – to Britain's legacy intention – for all who seek to uphold and protect the rights of all victims.

"Sinn Féin remains fundamentally opposed to any proposals for an amnesty or statute of limitation.

"In light of the intervention from UN experts I am calling on the British government to listen to the international community and withdraw their controversial amnesty proposals without further delay."