The Human Rights Dimension

Publications on Northern Ireland

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Justice For All ? An Analysis of the Human Rights Provisions of the 1998 Northern Ireland Peace Agreement, 10 pages, April 1998

To Serve Without Favor: Policing, Human Rights, and Accountability in Northern Ireland, 181 pages, May 1997

Northern Ireland: Continued Abuses by All Sides, 10 pages, March 1994

Northern Ireland: Human Rights Abuses by All Sides, 9 pages, May 1993

Children in Northern Ireland: Abused by Security Forces and Paramilitaries

Human Rights in Northern Ireland, 192 pages, October 1991

• Justice For All ? An Analysis of the Human Rights Provisions of the 1998 Northern Ireland Peace Agreement, 10 pages, April 1998, Volume 10, No. 3 (D), ISSN: 1079-1876. Click for the full text.

The inclusion of human rights provisions in the new agreement reflects an awareness that human rights protection is integral to any lasting solution to the conflict in Northern Ireland. This report analyzes the human rights provisions and makes recommendations concerning points in the accord which appear to vague to afford maximum protection. Because the human rights and political dimensions of the accord are inextricably linked, the implementation of the human rights provisions must be a parallel process to that of developing new political institutions. The report critiques a number of provisions included in the agreement. Specific areas of concern include: incorporation of the European Convention on Human Rights into United Kingdom law; a Bill of Rights and Human Rights Commission for Northern Ireland; the promotion of social inclusion through employment equality and language rights; the return to normal security arrangements and repealing emergency legislation; an international commission on policing for Northern Ireland; and a review of the criminal justice system. Although Human Rights Watch views the peace agreement in a positive light, concerns remain regarding the implementation of the accord. Human Rights Watch welcomes the efforts of the parties to make the connection between human rights violations and the persistence of political conflict, but stresses that the peace accord is not the sole forum for action on human rights. The U.K.'s obligation to promote and protect human rights exists as a binding legal responsibility and requires the U.K. to take immediate action on such issues as potential police abuse during the annual marching season, allegations of lawyer intimidation by police detectives leveled in an April 1998 United Nations report, and the on-going harassment of persons stopped and/or detained by the police.


• To Serve Without Favor: Policing, Human Rights, and Accountability in Northern Ireland, 181 pages, May 1997, ISBN 1-56432-216-5. Click to order online.

  This report focuses on four areas of policing that are of immediate human rights concern: the policing powers enjoyed by the Royal Ulster Constabulary (RUC) under Northern Ireland's emergency regime, the policing of the summer 1996 marching season, the rise in paramilitary punishment assaults and expulsions, and the persistent allegations of collusion between members of the security forces and loyalist paramilitary groups. Recommendations regarding policing and the emergency regime include: dismantling the emergency regime by repealing the Emergency Provisions Act and the Prevention of Terrorism Act, reforming the tripartite structure responsible for the oversight of policing in Northern Ireland to provide for greater public accountability for the RUC, rectifying the religious imbalance in the RUC, forming an independent body to make determinations concerning conditions on marches and parades, taking measures to insure the right to peaceful assembly is protected to the greatest extent possible, a return to normal policing functions in all areas of Northern Ireland, investigating allegations of collusion between security forces and loyalist paramilitary groups, and excluding any officers with illicit connections to paramilitary groups. The summer 1996 marching season was particularly violent and highlighted the need for better and more responsible policing practices. Human Rights Watch recommends, among other things, an immediate ban on the use of plastic bullets. Policing of marches and parades must be conducted impartially and professionally and lethal force should only be used to meet an imminent threat to life. With respect to allegations of collusion between the police and loyalist paramilitaries, Human Rights Watch urges the U.K. government to adequately investigate allegations of collusion. The U.K. should rigorously investigate threats made against defense lawyers during client interrogations and should open an official inquiry, with full judicial powers, into the murder of defense lawyer Patrick Finucane. Human Rights Watch recommends that appropriate disciplinary action must be taken and/or criminal charges leveled against any officer who has violated official codes of conduct for law enforcement officers or any officer who violates U.K. law.

• Northern Ireland: Continued Abuses by All Sides, 10 pages, March 1994, Volume 6, No.4, ISSN: 1079-1876. Click to order online.

This 1994 report documents abuses by both the government and paramilitary groups in Northern Ireland. Abuses by paramilitary groups include killings and punishment shootings and beatings. Government abuses include the failure to ensure that police officers and soldiers are held accountable for the use of lethal force, unfair trials, ill-treatment in detention, abandonment of normal policing in some of Northern Ireland's communities, and violations of freedom of movement and expression. The main source for these abuses is the continued approval of the emergency laws. These laws give security forces broad powers to detain and question people for up to seven days, search homes without a warrant, and eexclude people from Northern Ireland. Also, the right to trial by jury has been suspended for a large number of cases and the right to silence has been abrogated. Human Rights Watch recommends the repeal of emergency laws because they create an environment in which individual human rights are routinely violated. This report also investigates allegations of collusion between security forces and paramilitary groups in the late 1980s and early 1990s, and the use of deadly force by police officers, including the routine use of plastic bullets. Human Rights Watch argues that investigative and disciplinary measures must be taken regarding killings by the police and army in Northern Ireland and that allegations of collusion must be adequately investigated. Human Rights Watch recommends that the standard for the use of lethal force be "absolute necessity."


• Northern Ireland: Human Rights Abuses by All Sides, 9 pages, May 1993, Volume 5, No.6, ISSN: 1079-1876. Click to order online
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This report documents the continuation of human rights abuses by all sides in the on-going conflict in Northern Ireland. Abuses include killings by paramilitary groups and security forces, ill-treatment in detention, problems in obtaining a fair trial, and the abandonment of normal policing in some troubled areas. Human Rights Watch calls for the investigation of each death caused by security forces and for parmilitary organizations to refrain from the use of violence for political ends. Other recommendations include: video and audio taping police interrogations, resuming jury trials for offenses related to political violence, taking steps to prevent the intimidation of witnesses and jurors, resuming normal policing functions in troubled areas, and investigating allegations of threats made against defense lawyers.

• Children in Northern Ireland: Abused by Security Forces and Paramilitaries, 100 pages, July 1992, ISBN: 1-56432-080-4. Click to order onlin.

This report documents the abuse of children by all sides in the Northern Ireland conflict. Specific areas of concern include: abuse of children in the criminal justice system, street harassment of children by security forces, and abuse of children by paramilitary organizations. Human Rights Watch makes recommendations regarding each area of concern. While in custody, children should receive care, protection, and all necessary individual assistance—social, educational, medical and physical—that they may require. Children should not be physically or mentally abused on the street and the U.K. should take steps to end random street stops and searches to ensure that all searches are conducted without degrading or harassing measures. Finally, the U.K. should resume normal policing functions and the administration of criminal justice in troubled areas in order to prevent paramilitary groups from dispensing with their own brand of justice.

• Human Rights in Northern Ireland, 192 pages, October 1991, ISBN: 1-56432-020-0. Click to order online.

This report critiques the eextensive powers given to authorities by the Emergency Provisions Act and Prevention of Terrorism Act and investigates the use of deadly force by security forces and paramilitary groups. The emergency acts provide authorities with arbitrary powers to detain and search people or residences without any prior judicial approval and exclude people from Northern Ireland or the U.K. without a trial and without judicial review. Human Rights Watch recommends the emergency acts be repealed and judicial remedies be provided for detainees. Human Rights Watch recommends thorough, prompt, and impartial investigations of all cases in which lethal force is used by security forces. Further, it urges that officers who abuse their investigative powers be appropriately disciplined. The failure to discipline officers in the past has led to a high level of public cynicism concerning the accountability of security officers. With regard to the use of force by paramilitary groups, Human Rights Watch recommends that such groups refrain from violating the basic principles that underlie international humanitarian law by the use of deadly force and "punishment shootings" aimed at civilians.