GENEVA (19 January 2023) – Proposed amendments to the
Northern Ireland Troubles (Legacy and Reconciliation) Bill
should adequately ensure respect for the rights of victims,
survivors and their families, UN High Commissioner for Human
Rights Volker Türk said today.
“I recognise that
addressing the legacy of the Troubles from the 1960s to the
1990s is a hugely complex and sensitive matter. But the
draft legislation as it stands appears to be incompatible
with the UK’s international human rights obligations,”
Türk said.
The High Commissioner has previously
communicated his observations to the Government of the
United Kingdom of Great Britain and Northern
Ireland.
Among these are the fact that the Bill
foresees the provision of conditional immunity from
investigation and prosecution for those accused of having
committed serious human rights violations and other
international crimes, other than sexual
offences.
“Introducing conditional immunity in this
manner would likely be at variance with the UK’s
obligations under international human rights law to
investigate and, where appropriate, prosecute and punish
those found responsible for serious human rights
violations,” Türk said.
There are also concerns
about whether the Independent Commission for Reconciliation
and Information Recovery, which the Bill would establish,
would be able to work independently and undertake human
rights-compliant reviews and
investigations.
“Concerns remain that the Bill would
obstruct the rights of victims, survivors and their families
to effective judicial remedy and reparations, including by
prohibiting most criminal prosecutions and civil actions for
Troubles-related offences,” Türk added.
The Bill is
set for further review at the House of Lords committee stage
on 24 and 31 January.
“The actual text of the
proposed amendments has been made public only one week
before the House of Lords committee stage. This gives the
public and relevant stakeholders, including victims and
survivors, insufficient time to scrutinize the amendments
and participate meaningfully in this hugely significant
legislative process,” the High Commissioner
said.
“Respect for rights of victims, survivors, and
their families to truth, justice, reparation and guarantees
of non-recurrence is essential for reconciliation. Their
rights must be placed at the heart of all attempts to
address the legacy of the Troubles,” he
stressed.
“I urge the UK to reconsider its approach
and engage in further meaningful and inclusive consultations
on how best to advance a human rights-centred way to address
the legacy of the Troubles,” Türk
said.
