1 March 2001 Edition

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A Bill of Rights for a better future

BY SINN FÉIN VICE PRESIDENT PAT DOHERTY

     
Nationalists have no confidence in policing, the judicial system, or the inquest system as they exist in the Six Counties. These are examples of fundamental rights abuses which must be addressed
On Tuesday of this week, Sinn Féin made a detailed submission to the Human Rights Commission on what we believe should be contained in a Bill of Rights. During the Good Friday negotiations Sinn Fein proposed that a free standing, wide ranging Bill of Rights, enforcable by law would be a first step towards the harmonisation of rights throughout the island.

My party has grave reservations about the fact that the Commission is only in a position to consult and advise as opposed to placing before the British government a Bill of Rights which it is obligated under the terms of an international treaty to implement.

In particular, Sinn Féin is concerned that the ultimate decision-making powers regarding the scope and implementation of a Bill of Rights remains with the British Secretary of State and the Westminster Parliament. Given the bad faith manoeuvrings by the British over both Patten and the Criminal Justice Review, I do not have much confidence that a comprehensive, enforceable Bill of Rights that protects and defends the rights of every person will emerge.

Any Bill of Rights must apply to all legislation and be binding on all state institutions. Human rights abuses must be publicised and the state held accountable for upholding the law, implementing legislation and investigating abuses in an open and accountable fashion.

One purpose of the Good Friday Agreement is to allow for progressive harmonisation of human rights protection North and South. In our submission to the Criminal Justice Review Group Sinn Féin recommended the establishment of an all-Ireland Constitutional Court. The need for such a court remains and becomes even more pertinent when referring to the upholding of human rights. Irish jurisprudence continues to depend on two separate routes of appeal, creating avoidable administrative and institutional problems. There must be a complete departure from the existing judiciary and criminal justice system given their attendant history of abuse, cover-ups and discrimination.

By virtue of the right to self-determination, recognised in the Good Friday Agreement, people should be free to determine their political status and pursue their economic, social and cultural development. This right should also be given expression in any new Bill of Rights in a society where national identity, cultural rights and political aspirations have been the subject of discrimination.

Equality issues have been at the heart of the Good Friday Agreement. The achievement of equality of opportunity for all is central to cementing the peace process. A Bill of Rights can play an important role in preventing discrimination and promotion of equality in a number of areas. It should contain an overriding equality clause applying to all the rights contained within it.

Since 1969, at least 350 people have been killed in the north through the use of lethal force by the state. This goes to the heart of the human rights debate and ensures the need for a right to life clause to be inserted in any Bill of Rights.

Between 1988 and June 1994, most loyalist murders were carried out using weapons imported from South Africa with the full knowledge of British military intelligence. Two Amnesty International reports in 1993 and 1994 criticised the British government and the RUC for their handling of the collusion issue and for the failure to establish an independent inquiry into collusion.

As a result, nationalists have no confidence in policing, the judicial system, or the inquest system as they exist in the Six Counties. These are examples of fundamental rights abuses which must be addressed if nationalists are to be convinced that a Bill of Rights will uphold and protect their most fundamental rights.

Civil and political freedom must be complimented by freedom from fear and want. This can only be achieved if people enjoy economic, social and cultural rights. The Bill of Rights therefore must include protection of the right to live and seek employment anywhere in Ireland; legal rights; the right to life, liberty and security; equality rights; victims rights; the right of linguistic minorities to education in their own language; the rights of the Irish language community; Cultural rights; Children's rights; Environmental rights and development rights.

The terms of the Good Friday Agreement in the section on human rights provides a baseline from which to start to develop a Bill of Rights which adopts a position of maximising the protection of human rights and starts from the premise that all human rights are interdependent and indivisible.

A Bill of Rights should affirm the democratic values of human dignity, equality and freedom. The rights and freedoms contained in it should be guaranteed to women, men and children equally.

The structures of the state and both the Dublin and London governments must respect, protect, defend and fulfil the Bill of Rights, which can become a cornerstone of democracy.

An Phoblacht
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