A top European human rights official has accused the British government of ignoring “repeated warnings” that its controversial legacy legislation “would violate the UK’s international obligations and put victims’ rights at risk”.
The Northern Ireland Troubles (Legacy and Reconciliation) Bill is due to pass to a further stage in its scrutiny in the House of Lords on Wednesday, and is expected to become law before the summer recess in July.
In her intervention on Tuesday, the Council of Europe’s commissioner for human rights, Dunja Mijatović, said the UK government had “decided to go ahead with the Bill” despite significant national and international opposition and recently published amendments “leave fundamental problems with the Bill intact”.
However, speaking at the Institute of Government in London on Tuesday, the Northern Secretary, Chris Heaton-Harris, said amendments had been introduced which he believed made it compliant with international human rights law.
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The proposed legislation aims to “draw a line” under the past by replacing current methods of criminal and civil investigations and inquests with inquiries carried out by a new body, the Independent Commission for Reconciliation and Information Recovery, which has the power to offer conditional amnesties for perpetrators.
It is opposed by the North’s five main political parties, victims and human rights groups, the Irish Government, other parties in Ireland and in Britain, and internationally. It is supported by veterans’ groups.
Earlier this month, Northern Secretary Chris Heaton-Harris announced a number of amendments to the Bill, which were criticised by victims and human rights organisations.
[ Amendments to NI Legacy Bill criticised as ‘smoke and mirrors’ by campaignersOpens in new window ]
The Irish Government raised its longstanding concerns over the Bill with the UK government at the British-Irish Intergovernmental Conference in London on Monday.
Ms Mijatović, who has previously outlined her “serious concerns” about the legislation and called on the UK government to consider withdrawing it, said on Tuesday that its ongoing attempt to pass the Bill “ignores the many warnings that this legislation would violate the UK’s international obligations and put victims’ rights at risk”.
“I have repeatedly warned that the Northern Ireland Troubles (Legacy and Reconciliation) Bill would undermine the human rights of victims, as well as truth seeking, reconciliation and justice efforts,” she said.
“Serious concerns have also been expressed by the Council of Europe’s Committee of Ministers, the Parliamentary Assembly of the Council of Europe, the UN high commissioner for human rights, UN special rapporteurs, national human rights institutions, parliamentary committees and civil society organisations, including victims’ groups.”
She said that “despite this, the UK government has decided to go ahead with the Bill in a way that does not recognise Northern Ireland’s violent past or honours the suffering of victims”.
“While the government has recently published amendments, these leave the fundamental problems with the Bill intact, such as the conditional immunity scheme that would result in impunity for serious human rights violations, the unilateral shutting down of avenues to justice for victims, and questions about the ability of the Independent Commission for Information Recovery to deliver outcomes that would meet human rights standards.”
The commissioner also warned that “several judgments related to the legacy of the Troubles have been waiting to be executed for 20 years or more” and “adopting the Bill would make the prospect of meeting the requirements of the court’s case law more remote than ever”.
SDLP MP Claire Hanna welcomed the commissioner’s intervention as “significant” and “underscores the serious consequences that advancing this legislation will have for our society and for the reputation of this government on the international stage”.
Ahead of the Bill reaching the report stage on Wednesday, Grainne Teggart from Amnesty International repeated the body’s call for the UK government “to abandon this deeply damaging Bill” and said “no number of amendments” could save it.
In a statement, a spokesperson for the Northern Ireland Office (NIO) said the UK government “has always been clear the Northern Ireland Troubles (Legacy and Reconciliation) Bill complies with our international obligations. “The current mechanisms for addressing the past are not delivering truth or justice for the vast majority of victims, survivors, and families. This legislation provides a framework that will enable the independent Commission to deliver for them.
“We have significantly strengthened our bill with our recent amendments, which will establish an Independent Commission for Reconciliation and Information Recovery (ICRIR), led by the well-respected and independent Chair Sir Declan Morgan.
“Victims and families have waited decades for accountability, acknowledgement, and information – and we remain committed to our approach which will help address the issues of the past,” the spokesperson said.
