Human Rights and Conflict in Northern Ireland Submitted by Omar Grech Under the supervision of Professor Tom Lodge A dissertation submitted in fulfilment of the requirements for the award of the degree of Doctor in Philosophy within the Department of Politics and Public Administration, Faculty of Arts, Humanities and Social Sciences, University of Limerick, Ireland i Acknowledgments My initial expression of appreciation is due to my supervisor, Professor Tom Lodge, who in the first place agreed to supervise a law lecturer from Malta who proposed to add to the already voluminous literature on Northern Ireland. It may have sounded an unlikely prospect but he agreed without hesitation. His precise and erudite commentary was of inestimable help throughout. Furthermore, I thank Dr Rory Costello and Dr Andrew Shorten who commented in detail on the various chapters of this thesis incisively and very helpfully. I would also like to record my gratitude to the external examiner who examined this doctoral dissertation, Professor Brice Dickson, Professor of International and Comparative Law, Queen’s University Belfast. It is a pleasure to record my gratitude to Dr Colm Regan who read through successive drafts of the dissertation providing advice, encouragement and support. He has been a good and wise friend. His wife, Hilda Maguire, was always equally supportive and in my visits to Ireland organised beds, transport and meals; roping in family and neighbours whenever necessary. In this context, my thanks are due to Ciara Regan and Tony Daly, Aife and Graham Cowap, as well as Anna and John Daly. They all proved, beyond reasonable doubt, that Irish hospitality cannot be surpassed. Thanks are also very much due to the Director of the Mediterranean Academy of Diplomatic Studies, Professor Stephen Calleya, who read through the manuscript and provided timely advice and encouragement. The University of Malta also deserves my thanks for the financial support provided in pursuing this doctoral dissertation. The Rector of the University of Malta, Professor Juanito Camilleri, was especially keen in encouraging me to pursue this doctoral project. I would also like to express my appreciation to the Chancellor of the University of Malta and Judge at the International Tribunal for the Law of the Sea, Professor David J Attard for his support throughout my academic career and for his guidance in all matters pertaining to international law. In the early phase of my research I was assisted by the Embassy of the USA to Malta with a Fulbright award which allowed me to spend a semester at the School of Conflict Analysis and Resolution, George Mason University. In this respect my thanks to former US Ambassador to Malta, Professor Douglas Kmiec as well as to my good friends Professor Richard Rubenstein, Professor Kevin Avruch, Professor Susan Hirsch, Professor Karina Korostelina and Mr Michael English who all helped make my stay in the USA both productive and pleasurable. I also wish to record my gratitude to the staff of the Linen Hall Library in Belfast for their courteous and punctual assistance. A sincere note of thanks is due to Mr Peter Calleya for casting his meticulous eye on the final text to detect any linguistic errors. My sincere appreciation to everyone who agreed to be interviewed by me in the course of my research: Mr Jonathan Bell MLA, Professor Brice Dickson, Ms. Judith Gillespie CBE, Mr Will Kerr, Ms. Emma Little, the Right Honourable Paul Murphy MP, Mr Dermot Nesbitt, Ms Catriona Ruane MLA and Professor Chris Sidoti. Finally my biggest debt of gratitude is to my family: my brother Marcello and his wife Melanie but, above everyone else my parents, Tony and Agnes who always encouraged, assisted and promoted all of my academic endeavours. ii Table of Contents Title page i Acknowledgments ii Table of contents iii List of Abbreviations v Abstract vii Chapter One - Human rights and conflict in 1 Northern Ireland: scope of study 1.1 Human rights: key issues for Northern Ireland 1 1.2 Why human rights in Northern Ireland? 3 1.3 Methodology 9 1.4 A chapter outline 11 Chapter Two – Human rights: key notions 13 2.1 Human rights: an introduction 13 2.2 Self-determination: for whom? 15 2.3 Rights of representation and models of democracy 21 2.4 Minority rights and guarantees 25 2.5 Human rights: is there a hierarchy of rights? 28 Chapter Three – Human rights in Northern Ireland 1921-1964: 33 Developments, Issues and Perceptions 3.1 Introduction 33 3.2 The birth of Northern Ireland 34 3.3 Self-determination and Northern Ireland 36 3.4 The Special Powers Act 40 3.5 Electoral Systems and Processes 43 3.6 The participation of the minority community in public 46 institutions 3.7 Human rights come to the fore: 1945 -1964 49 3.8 The international and regional human rights context 50 3.9 Developments in the United Kingdom and 54 Northern Ireland 3.10 Human rights issues in post-war Northern Ireland 56 Chapter Four – The Impact of the Civil Rights Movement on 66 Human Rights in Northern Ireland 4.1 Introduction 66 4.2 The Civil Rights Movement: early developments 68 4.3 O’Neillism, the prospect of reform and human rights 70 4.4 Housing and direct action 76 4.5 The birth of NICRA 82 4.6 Civil rights: marching to where? 84 4.7 The Civil Rights Movement, attitudes to human rights 88 and dissent 4.8 Northern Ireland and human rights in the aftermath 95 of the civil rights era iii Chapter Five – Rights, Violence and Negotiations 104 5.1 Introduction 104 5.2 Violence and internment: human rights issues 105 5.3 Prisoners rights and status 123 5.4 Human rights in negotiations 133 5.5 Conclusion 139 Chapter Six – Peace and human rights 1985-1998: the long thaw 143 6.1 Introduction 143 6.2 Human rights in Northern Ireland: old, familiar problems 145 6.3 Human rights in conflict resolution: from the Anglo-Irish 151 Agreement to the Frameworks Document 6.4 Human rights in the Peace Agreement 162 6.5 Conclusion 167 Chapter Seven – Human rights in Northern Ireland 1999-2014: 171 an unfulfilled agenda? 7.1 Introduction 171 7.2 Northern Ireland’s recurring human rights problems: 172 finally resolved? 7.3 Equality and non-discrimination after the Agreement 173 7.4 The administration of justice and policing 178 7.5 Human rights and a Bill of Rights for Northern Ireland 187 7.6 Human rights and legacy issues 201 7.7 Conclusion 211 Chapter Eight – Conclusion 213 8.1 Introduction 213 8.2 Human rights and their evolution on 213 the international plane 8.3 The early years in Northern Ireland 216 8.4 The civil rights era 217 8.5 From internment to hunger strikes 218 8.6 From the Anglo-Irish Agreement to the Peace Agreement 220 8.7 The post-Agreement phase 222 8.8 How did human rights influence the conflict 223 in Northern Ireland 8.9 How did the Northern Ireland conflict influence human rights? 226 8.10 Final observations 231 Bibliography 234 iv List of Abbreviations CAJ Committee on the Administration of Justice CRM Civil Rights Movement CSJ Campaign for Social Justice DHAC Derry Housing Action Committee DUP Democratic Unionist Party ECHR European Convention of Human Rights HCL Homeless Citizens League HET Historical Enquiries Team HMIC Her Majesty’s Inspector of Constabulary HRC Human Rights Commission ICCPR International Covenant on Civil and Political Rights ICESCR International Covenant on Economic, Social and Cultural Rights IRA Irish Republican Army MLA Member of the Legislative Assembly MP Member of Parliament NICRA Northern Ireland Civil Rights Association NIO Northern Ireland Office NIPC Northern Ireland Political Collection NGO Non-Governmental Organisation OSCE Organisation of Security and Cooperation in Europe PD People’s Democracy PSNI Police Service of Northern Ireland RUC Royal Ulster Constabulary SACHR Standing Advisory Committee on Human Rights SDLP Social Democratic and Labour Party v UDHR Universal Declaration of Human Rights UVF Ulster Volunteer Force UUUC United Ulster Unionist Council UUP Ulster Unionist Party vi Abstract This study seeks to answer two related research questions: (i) the extent to which, and ways in which, human rights influenced the Northern Ireland conflict in its various phases (pre-conflict, during conflict and post- conflict); and (ii) how the conflict in Northern Ireland influenced the understanding of human rights within Northern Ireland with specific reference to the two main political traditions (i.e. unionism and nationalism) In order to respond to these questions the Northern Ireland conflict will be examined using human rights as its framework of analysis. This examination will be conducted in a chronological fashion commencing from the creation of the Northern Ireland state in 1921 and terminating in 2014. This relatively long time-frame will allow an analysis of how human rights impacted upon the conflict in its broadest understanding (i.e. the pre-violent conflict phase, the violent conflict phase and the post-violent conflict phase) and also allow a better understanding on how the various stages of conflict impacted upon how human rights are understood and practiced in Northern Ireland today. The study’s main findings are that: (i) human rights had an impact, sometimes significant, on the development of the conflict and on specific episodes in the Northern Irish conflict in its various stages; (ii) human rights violations were both underlying causes and direct causes of the descent into violence; (iii) the conflict coloured the view of human rights held by the main political actors; and (iv) human rights continue to be understood, at least partially, through the prism of the conflict.