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The serious deficiencies of the proposed Stormont House Agreement arrangements for dealing with the past have been made clear.

While claiming to be victim-centred, the major failure of the Stormont House Agreement was that it did not provide a definition of ‘victim’. Victims of crime who, in relation to the Troubles are victims of terrorism, must be dissociated from perpetrators of acts of terrorism. Therefore, the definition of victim of terrorism should constitute the basis of any new arrangements for dealing with the legacy of the past.

The analysis of the functioning of the Stormont House Agreement’s suggested bodies revealed key issues of concern and weaknesses. It would appear that these bodies, instead of serving the interests of victims of terrorism and society at large, would be used against former members of the police and the armed forces and benefit those who were engaged in terrorism and their sympathisers.

Urgent requirement

 An alternative is urgently required to address the legacy of the past in order to bring about a satisfactory resolution within the context of a democratic society. It should be founded on fundamental principles that uphold human rights for all interested parties: victims of terrorism, police officers and army personnel.

Investigating bodies such as the Police Ombudsman for Northern Ireland and the Legacy Investigation Branch should be made compliant with human rights requirements.

An archive for victims of terrorism stories and testimonies should be created in the Public Record Office of Northern Ireland to be made available to the public; and a Committee for Peace, Freedom and Reconciliation should be created to develop policies and educational programmes to combat terrorism and radicalisation and promote peace, freedom and reconciliation.

Republic of Ireland role

The alternative should also involve the Republic of Ireland in setting up investigating and information recovery bodies that mirror those existing in Northern Ireland. These bodies would investigate historical cases and criminal activities that may have been committed by members of the Garda Síochána. They would also review numerous extradition requests made by the United Kingdom but never honoured by the Republic of Ireland and cooperate with the authorities in Northern Ireland for the resolution of historical cases. The Republic of Ireland would also make its archive available for consultation in relation to historical cases, as they are in Northern Ireland.

Final settlement

This comprehensive approach to dealing with the legacy of the past will have the potential to deliver a final settlement and durable peace.

The alternative proposed by the Ulster Human Rights Watch for dealing with the legacy of the past will ensure that:

• The truth concerning the murder of victims of terrorism will be sought and told;
• Justice will always remain available for those who lost loved ones or were seriously injured and no statute of limitation will be introduced to protect perpetrators;
• The suffering of innocent victims of terrorism will be acknowledged;
• Article 2 of the European Convention on Human Right will not be implemented to the detriment of those who fought against terrorism;
• All investigating processes will be compliant with Article 6 of the European Convention on Human Rights;
• All investigating processes will be compliant with Article 8 of the European Convention on Human Rights;
• No-one will be able to use any right under the European Convention on Human Rights to destroy the rights of others in compliance with Article 17 of the European Convention on Human Rights;
• The history of the campaign of terrorism in Northern Ireland and its impact on the people of Northern Ireland and democracy will be written and told;
• Terrorism and its consequences will be exposed, denounced and rejected;
• Support will be provided for innocent victims of terrorism;
• The commitment of those involved in the security forces to protect democracy and uphold human rights will be recognised;
• All murders and serious injury cases will be addressed;
• The new structures for dealing with the past will be practical and cost-effective;
• Compensation for victims of terrorism will be addressed;
• The Republic of Ireland will be accountable for its role in what happened during the Troubles;
• The way for potential reconciliation will be made possible.

Reference: ‘Dealing with the Legacy of the Past, The Alternative to the Stormont House Agreement’, Ulster Human Rights Watch, July 2021.

Victims campaign group, Ulster Human Rights Watch (UHRW), has said the Government’s legacy proposals ‘are a betrayal to victims and former police and military veterans.’

The Secretary of State outlined the Government’s intention to bring forward legislation in the autumn that will protect retired officers and veterans from prosecutions before 1998 and extend the same protection to republican and loyalist terrorists.

Ulster Human Rights Watch Advocacy Manager, Axel Schmidt, said: “The Government’s position on legacy is a sorry mess and an affront to men and women who wore a uniform to counter gangs of terrorist murderers.

“The proposals deny innocent victims justice by exonerating the gunman and bomber. Ministers are saying there is equivalence between soldiers, police officers and terrorists and that is disgraceful.

“To equate officers and military veterans – agents of the State – in the same bracket as those who were hell-bent on murdering them makes a laughing-stock out of our system of justice.

“What ever happened to following the evidence to bring closure for victims? There’s no denying there is a chronic shortage of evidence, but that shouldn’t be the end of the story. In some cases, after many years of stalemate, information or evidence emerges that advances a case and brings it closer to prosecution in a Court of law.

“What the Government wishes to do is draw a line in the sand, to say any outstanding cases against either the military, police or terrorists that pre-date 1998 will not merit investigation or prosecution.

“This is a denial of justice, a betrayal of victims and former police officers and military veterans who suffered appalling losses as they worked courageously to protect the community from anarchy.

“The Government, in its haste to close a chapter, has got it all wrong by proposing to reward terrorists who did nothing but visit mayhem and carnage on innocent people.

“We will now mount a campaign to halt what amounts to a sell-out. We intend galvanising political support to make Ministers think again about these foolhardy and rash proposals.”

Ulster Human Rights Watch (UHRW) is calling for a radical new approach to dealing with the legacy of the past, with victims of terrorism placed front and centre in a new strategy. This message was delivered by UHRW in a meeting with Ian Paisley MP.

The Lurgan-based organisation is also proposing the setting up of a Committee for Peace, Freedom and Reconciliation. This should be created to combat terrorism and radicalisation and promote peace, freedom and reconciliation.

UHRW has produced a detailed Paper exposing the serious deficiencies of the Stormont House Agreement (SHA) which, if uncorrected, would lead to ‘highly undesirable and disappointing results’ for innocent victims.

The Paper argues that the SHA fails to include a definition of a victim and highlights weaknesses in the four new bodies that are proposed.

The human rights charity makes the case for an alternative to addressing the legacy of the past both in Northern Ireland and the Republic of Ireland.

Ulster Human Rights Watch Advocacy Manager, Axel Schmidt, said: “We support the new approach outlined by the Secretary of State in March last year and want to make the point that only a radical shake-up of proposed arrangements is appropriate.

“We want arrangements that effectively and efficiently address the legacy of the past. The SHA falls far short of doing that.

“Now, is the time to go back to the drawing board to replace the serious deficiencies in the SHA. Its major failing was that it did not provide a definition of a ‘victim’.

“Victims of crime, who in relation to the Troubles are victims of terrorism, must be dissociated from perpetrators of acts of terrorism. Therefore, the definition of victim of terrorism should constitute the basis of any new arrangements for dealing with the legacy of the past.

“An analysis of the functioning of the SHA suggested bodies reveals key issues of concern and weaknesses. It would appear that these bodies, instead of serving the interests of victims of terrorism and society at large, would be used against former members of the police and the armed forces and benefit those who were engaged in terrorism and their sympathisers.

“An alternative is required to address the legacy of the past, which will bring about a satisfactory resolution within the context of a democratic society. It should be based on fundamental principles that uphold human rights for all interested parties: victims of terrorism, police officers and army personnel. Investigating bodies such as the Police Ombudsman for Northern Ireland and the Legacy Investigation Branch should be made compliant with human rights requirements.

“An archive for victims of terrorism stories and testimonies should be created in the Public Record Office of Northern Ireland, to be made available to the public. A Committee for Peace, Freedom and Reconciliation should be created to develop policies and educational programmes to combat terrorism and radicalisation and promote peace, freedom and reconciliation.

“The alternative should also involve the Republic of Ireland in setting up investigating and information recovery bodies that would mirror those existing in Northern Ireland. These bodies would investigate historical cases and criminal activities that may have been committed by members of the Garda Síochána.

“They would also review numerous extradition requests made by the United Kingdom but never honoured by the Republic of Ireland and co-operate with the authorities in Northern Ireland for the resolution of historical cases. The Republic of Ireland would also make its archives available for consultation in relation to historical cases, as they are in Northern Ireland.

“This comprehensive approach to dealing with the legacy of the past has the potential to deliver a final settlement and durable peace.”