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TITLE: UNITED KINGDOM/NORTHERN IRELAND HUMAN RIGHTS, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND*
The United Kingdom of Great Britain and Northern Ireland (UK)
is a constitutional monarchy with a democratic, parliamentary
government elected in periodic, multiparty elections. Although
there is no written constitution, human and civil rights are
recognized by statute and strongly held traditions. Human
rights are "residual," i.e., assumed unless limited by statute.
Throughout the UK, public order is maintained by civilian
police forces responsive to and controlled by elected
officials. Because of terrorist violence, the Royal Ulster
Constabulary (RUC) in Northern Ireland is supported by army
units.
The United Kingdom has a highly developed industrial economy.
Persons may own property and pursue private economic
interests. The Government provides comprehensive social
welfare services.
Terrorist bombings and killings carried out by the illegal
Provisional Irish Republican Army (Provisional IRA) and other
"Republican" (Catholic) and "Loyalist" (Protestant) terrorist
groups in Northern Ireland and Great Britain continue to be the
greatest threat to public order and security in the UK. By the
end of 1993, over 3,000 people had died in 24 years of "the
troubles" in Northern Ireland, which has a population of 1.5
million. Since the troubles began, more than 100 persons have
been killed in Provisional IRA attacks in Great Britain,
including 3 in 1993. Emergency measures enacted because of the
terrorist problem in the past 20 years suspend certain due
process guarantees and restrict freedom of movement,
expression, and association. There were no new reported
instances of extrajudicial killings by security forces in
Northern Ireland. However, allegations of the use of excessive
force continued. Eleven members of the security forces were
killed in Northern Ireland. Aspects of the criminal justice
system remained under scrutiny as investigations exposed
shortcomings, and a Royal Commission recommended extensive
changes in the treatment of confession evidence and handling of
appeals.
Primarily because of fear of terrorist violence, Protestant and
Catholic communities in Northern Ireland are increasingly
*A separate report on Hong Kong, a dependent territory of the
United Kingdom, follows this report on the United Kingdom.
segregated. Most firms continue to recruit predominantly from
one community or the other, and workers are reluctant to
commute across sectarian borders. In December the British and
Irish Governments issued a joint declaration which seeks to
accomodate the aspirations of all communities in Northern
Ireland and to encourage an end to violence.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no political killings by the Government and no
charges of other extrajudicial killings by government forces.
However, during 1993 there were four inquests into the deaths
of people killed by the security forces under disputed
circumstances in previous years. In Northern Ireland, 84
persons were killed in incidents related to terrorism,
including 47 by Loyalists and 35 by Republican terrorists (one
Loyalist and one Republican accidentally killed themselves).
Eleven victims were members of British security forces, all
killed by Provisional IRA. Although no deaths resulted from
shootings by security forces in Northern Ireland, charges
continued that soldiers resorted to lethal force precipitately
and carried out a "shoot to kill" policy.
The Committee on the Administration of Justice (CAJ), an
independent Northern Ireland civil liberties organization,
claims that there have been approximately 340 killings by the
security forces under disputed circumstances since "the
troubles" began in 1968, with criminal prosecutions in only 30
cases, and 4 convictions by the end of 1993.
The authorities investigated several deaths in which critics of
the security forces alleged a "shoot to kill" policy was in
effect. A January inquest into the 1986 killing of Seamus
McElwaine, an acknowledged Provisional IRA volunteer and
escaped prisoner, ruled that soldiers had opened fire without
giving him the opportunity to surrender and that McElwaine had
actually been killed 5 minutes after being wounded in the
initial gunfire. The Director of Public Prosecutions reviewed
the case to determine whether prosecution was warranted. An
inquest into the August 1988 killings of three IRA members was
inconclusive. None of the security forces members involved in
the shooting was required to be present at the inquest; their
written statements were read out as evidence. They admitted
they gave no warnings before firing, and the jury found
inconclusive the evidence on who had fired first. An inquest
into another case, a February 1988 death in which a soldier
claimed his fingers were wet and had slipped on the trigger of
his gun, determined that the soldiers involved were guilty of
contravening orders in relation to the handling of weapons.
In the case of the deaths of four Provisional IRA terrorists
after an attack on a police station in Coalisland in 1992, the
court ruled in 1993 that the involved security forces were
innocent of murder but enjoined five of the six accused to take
more caution. Relatives of the three Provisional IRA
terrorists who were killed in Gibraltar by UK security forces
in 1988 have claimed that the terrorists were lured into an
ambush. They were unarmed at the time the attack occurred,
although British officials have claimed that they intended to
bomb a military band concert. A police investigation and
inquest in Gibraltar found in favor of the Government, but the
relatives sued the Government for compensation. The Government
claimed exemption for actions of its forces overseas, but the
European Commission on Human Rights ruled that the European
Court should consider the case. Two Royal Marines who were
charged with the murder of Fergal Caraher in 1992 were
acquitted in December when the judge, citing conflicting and in
some cases apparently perjured testimony, accepted the Marines'
contention that they believed another member of their patrol
was in danger. In the September 1990 killing of Karen Reilly,
a Belfast Crown Court found one soldier guilty of murder and
another guilty of evading the investigation. They were
sentenced to life in prison and 7 years respectively. The
McBride case and another case involving the death of a
19-year-old student were still pending at year's end.
Following an investigation, the DPP decided not to prosecute in
the case involving the death of Pearse Jordan (see 1992 report).
In 1993 the European Commission found that the use of lethal
force to prevent the running of a roadblock by a person
reasonably suspected of being a terrorist is not a violation of
international human rights law.
The RUC investigates all killings committed in Northern Ireland
by the RUC, as well as by the Army. The Independent
Commisssion for Police Complaints (ICPC), established by the
Government, supervises investigations by police but has little
independent investigative capability. The RUC Chief Constable
may accept or reject its recommendations for disciplinary
action, as may the DPP in the case of criminal prosecutions.
In 1992, 66 police officers were disciplined as a result of
ICPC investigations, and criminal charges were brought against
8 police officers. The ICPC has no responsibility for
complaints leveled against the Army (see Section 1.c. for
additional discussion of the ICPC). In early 1993, the
Northern Ireland Secretary named a senior British lawyer as
Independent Assessor of Military Complaints to deal with
procedures for complaints against the Army; he has no
independent investigative powers. His first report was due in
early 1994.
Although the European Convention on Human Rights established a
standard for use of lethal force only when "absolutely
necessary" in specific circumstances, British law requires only
that the use of lethal force be "reasonable in the
circumstances." Soldiers involved in shooting incidents have
argued that they were in "imminent danger" before opening
fire. The courts have generally accepted this defense, and
very few on-duty soldiers have been convicted.
Security forces members are subject to the same legal
guidelines on the use of lethal force as are other citizens.
In practice, this means that if a court determines in a death
case that a policeman or soldier intended to cause serious
bodily harm but was not justified in doing so, the only
applicable charge is one of murder. Manslaughter is applicable
in death cases only where there is no intent to cause serious
bodily harm. This means a charge of manslaughter is possible
when a negligent discharge of a weapon is suspected, and there
have been a few convictions on this basis. Since sentencing
rules require a life sentence for murder, the courts have been
unwilling to impose such heavy penalties in borderline cases.
Human rights organizations have called for the establishment of
an independent public inquiry to investigate allegations of
police threats to and intimidation of defense lawyers in
Northern Ireland, including an investigation of the 1986
killing of Patrick Finucane, counsel to many Provisional IRA
suspects. In February the U.S.-based Lawyers Committee for
Human Rights released the report of its investigation into
Finucane's death, in which they concluded that there was
"credible evidence suggesting collusion between elements within
the security forces and Loyalist paramilitaries" in Finucane's
killing. Three people were charged and convicted of possession
of the weapons used to kill Finucane, but police have not found
sufficient evidence to charge them with murder. The case
remains open. The Government maintained that harassment of
defense lawyers was unacceptable and invited those with
evidence of such actions to provide it to the ICPC.
Security forces in Northern Ireland continued the use of
plastic bullet rounds (PBR's) for riot control, though in
recent years their use declined sharply, consonant with the
decline in the number of street riots. PBR rounds were shot at
Protestant groups in the riots leading up to the annual July 12
celebration, resulting in some minor injuries and a serious one.
For the second year in a row, Loyalists killed more people than
did the Provisional IRA. Loyalist terrorists continued to
perpetrate random sectarian killings of Catholics in Northern
Ireland, culminating in the indiscriminate slaughter of seven
Catholics in Greysteel in late October. The Provisional IRA
conducted bomb attacks that led to numerous deaths. A
Provisional IRA bomb in Belfast in October killed nine
civilians as well as one of the bombers. A huge Provisional
IRA bomb in London in April caused massive damage and one
death, and two smaller bombs in a shopping district in
Warrington, England, killed two small boys and injured more
than 50 others.
In August police arrested Joy Gardner, a Jamaican illegal alien
subject to a deportation order. According to official reports,
she collapsed and died of renal failure after 4 days on life
support in a hospital. Her family alleges she died of
asphyxiation after being gagged by the police. The
Commissioner of the Metropolitan Police ordered an immediate
investigation and suspended the officers involved. In January
1994, the Home Office issued guidelines banning the use of gags.
b. Disappearance
There were no disappearances attributed to government forces.
Instances of persons abducted or held hostage by terrorists in
Northern Ireland continued.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
British laws forbid torture and other cruel, inhuman, or
degrading treatment of prisoners and provide penalties for
violations of those laws. Confessions obtained by such methods
are not admissible as evidence in court. However, Helsinki
Watch asserted that "evidentiary rules in nonjury courts permit
the admission into evidence of unreliable confessions, some of
which may have been secured by abusive treatment in
detention." Allegations of torture and ill-treatment of
persons detained by the police in holding facilities in
Northern Ireland continued. A new code of practices, which
went into effect January 1, 1994, is designed to implement
greater standardization of police interrogation procedures and
strengthen oversight requirements.
The "Beechmount Five" and the "Ballymurphy Seven" were two
groups of teenagers arrested and interrogated in connection
with two separate attacks on the RUC. They alleged that they
were coerced into making confessions, in the absence of their
lawyers, after being subjected to mental and physical abuse.
Inadequate methods for monitoring police interrogations make it
virtually impossible to prove or disprove these claims. The
Beechmount Five were convicted primarily on the basis of
confession evidence. The trial of the Ballymurphy Seven began
but has not been concluded. In March an eighth teenager from
Ballymurphy was tried, convicted, and sentenced to 14 years.
The principal evidence against him was the statement which he
claimed he was coerced into signing.
The Independent Commission for Police Complaints in Northern
Ireland has limited powers. It reviews all complaints against
the police and automatically supervises police investigations
in cases involving death or serious injury, as well as any
other cases of its choosing. It may insist that disciplinary
charges be preferred against police officers and may comment on
the quality of police investigations, but it has no control
over the outcome of disciplinary cases. The ICPC has been
unable to substantiate any claim of ill-treatment in police
custody submitted. In most cases, complainants refused to
cooperate with the police or the ICPC. Some claimed they could
not get a fair trial. The Government notes that complainants
often prefer to sue in civil court, where they may be awarded
substantial damages as a result of court rulings or
out-of-court settlements, and where a lower evidentiary
standard is applied.
The U.N. Committee Against Torture as well as many human rights
groups have raised concerns about ill-treatment of detainees in
Northern Ireland and recommended that interrogations in police
custody be videotaped. The Government refused to accept their
recommendation on the grounds that the tapes could compromise
ongoing operations and jeopardize the safety of detainees who
cooperate with the police. Instead, the Government announced
in December 1992 the appointment of a senior barrister as
Independent Commissioner for Holding Centers in Northern
Ireland. He has the authority to make irregular and
unannounced visits to any of the three holding centers, observe
interrogations on television monitors, and interview
detainees. His first report is due to be submitted in early
1994.
Security forces in Northern Ireland, both the Army and the RUC,
frequently harass citizens verbally, particularly young people
in areas where community support for terrorists is considered
strong. Security forces have also been accused of more serious
incidents of physical mistreatment. The CAJ reported that
harassment included threats to kill, kidnap, or maliciously
prosecute. Most complaints come from Republican neighborhoods,
but after police crackdowns on Loyalist terrorism, there were
also reports of abusive house searches and street harassment in
some Protestant areas. Officials state that soldiers and
policemen found guilty of harassment are punished severely but
have provided no statistics.
Northern Ireland terrorist groups, both Loyalist and
Republican, frequently carry out "punishment shootings" of
persons allegedly engaged in "antisocial activities." These
assaults, which typically involve shooting through one or both
knees at short range, have been widely condemned.
Prison facilities in the UK vary depending upon location.
Remand facilities, which tend to be located in old Victorian
structures, are often overcrowded and lack proper exercise
areas and modern sanitation. Permanent facilities are
generally good, although a government-appointed investigator
found problems of overcrowding, substandard conditions, and lax
discipline at some prisons in Great Britain. In Northern
Ireland, prison facilities have improved notably in recent
years, but conditions at the three holding centers are
substandard. Uniformed police can observe all interrogations
on television monitors although the content of the interviews
cannot be heard, and, as noted above, they do not allow tapes
to be made.
Some teenagers continued to be detained in adult holding
centers in Northern Ireland despite a government policy to
separate them from adult prisoners. Helsinki Watch reported
allegations by young detainees that they had been subjected to
physical and mental abuse and pressured to become informers
during detention.
Children under the age of 18 convicted for murder may be held
for an indeterminate length of time. for example, the two
10-year-old children who murdered toddler Jamie Bulger received
indeterminate sentences. Such sentences are periodically
reviewed. If it is found that a person has been rehabilitated,
the individual may be released. Throughout the UK there are
some 400 children under the age of 18 serving indeterminate
sentences.
d. Arbitrary Arrest, Detention, or Exile
In instances when reasonable cause to suspect criminal guilt
exists, police may make arrests without warrants. Those
arrested without warrants must be released on bail within 36
hours unless brought before a magistrate's court. The court
may authorize an additional 60 hours of detention before
charges must be brought. Generally, persons charged with what
British law defines as "nonserious" offenses may be released on
bail. In cases such as crimes of violence, however,
magistrates have remanded persons for periods of up to 3 years
before trial.
Reacting to the violence in Northern Ireland, the Government
adopted the Northern Ireland (Emergency Provisions) Act of 1991
(EPA), which is applicable only to Northern Ireland, and the
Prevention of Terrorism (Temporary Provisions) Act of 1989
(PTA), most of which is applicable to the entire United
Kingdom. Both Acts replaced earlier versions enacted in 1973
and 1974 respectively, and both must be renewed annually by
Parliament.
Under the EPA, police and military personnel, in dealing with
cases of suspected terrorism, may enter and search without a
warrant, and members of the armed forces on duty may arrest
without a warrant any person suspected of having committed or
being about to commit any offense. Such persons may be held
for up to 4 hours, after which they must be transferred to
police custody or released. The 1991 EPA introduced new
offenses--of directing a terrorist organization and possessing
items intended for terrorist purposes--and gave authorities new
powers to examine financial and other documents found in
terrorist-related searches. The PTA allows the police to
arrest without a warrant, anywhere in the UK, persons whom they
reasonably suspect to be involved in terrorism. The
authorities may detain such persons, even those under 18, for
up to 48 hours without legal representation or judicial
review. Suspects may be interrogated during this time, and
confessions obtained may be used in subsequent court
proceedings. Although people detained in England and Wales
under the PTA have the right to have lawyers present during
interrogation, in Northern Ireland lawyers are never allowed to
be present during interrogation of PTA detainees. Judicial
review may be delayed up to a further 5 days on the authority
of the Home Secretary or, in Northern Ireland, the Secretary of
State for Northern Ireland. In 1988 the European Court of
Human Rights held that this practice violated the European
Human Rights Convention. As a consequence, the UK derogated
from that portion of the Convention. In 1993 the European
Court held that British derogation from this portion of the
Convention was allowable. The Court reasoned that detention of
suspected terrorist beyond 4 days was reasonable under the
circumstances.
The Government does not practice exile (see, however,
Section 2.d.). In Northern Ireland, the Provisional IRA and to
a lesser extent Loyalist paramilitaries forced a substantial
number of Catholics and Protestants to leave the province by
threatening them with death or injury if they remain. The
paramilitaries claim that these persons have cooperated with
security forces or engaged in "antisocial behavior", but the
latter reportedly includes personal feuds with paramilitary
members. Families Against Intimidation and Terror, an
organization that assists persons under threat, dealt with 35
cases in 1993, including 7 entire families.
e. Denial of Fair Public Trial
Fair trial is provided for by law and observed in practice, but
there have been some serious exceptions. In the late 1980's,
after 10 years of intense public pressure on several cases, the
Home Secretary directed the courts to reconsider them. The
cases were reviewed at the appellate level and the appellate
courts reached a number of troubling conclusions: lower courts
often relied too heavily on uncorroborated confessions and
assumed the integrity of the police was irreproachable;
appellate court judges tended to accept lower court rulings
without closely examining procedural flaws and new evidence and
occasionally displayed open hostility to the defense; and
courts accepted tainted forensic evidence and exculpatory
evidence was withheld from the defense. As a result of these
apparent miscarriages of justice, the Government in 1991
established a Royal Commission to review all aspects of the
criminal justice system in England and Wales (see below).
An indigent defendant has the right to counsel of his
choosing. All criminal proceedings must be conducted in
public, with the exception of juvenile court cases and cases
involving public decency or security. In a trial under the
Official Secrets Act, the court may be closed at the judge's
discretion, but the sentence must be passed in public.
The UK has several levels of courts. The vast majority of
criminal cases are heard by magistrate's courts, which are
managed by locally based committees. Their decisions may be
appealed to the Crown Court, which also hears criminal cases
requiring a jury trial, or to the High Court. From the Crown
Court, convictions may be appealed to the Court of Appeal,
which in turn may refer cases involving points of law to the
House of Lords. The Appellate Committee of the House of Lords
(which consists of senior judges and is functionally distinct
from the legislative arm of the House) is the final court of
appeal in the UK. Once all these appeals have been exhausted,
defendants in England and Wales may appeal to the Home
Secretary to refer a case back to the courts if fresh evidence
has emerged which casts doubt on the conviction. (Appeals may
be made to the Northern Ireland Office and the Scotland Office
in those jurisdictions.)
Since 1989, following referrals from the Home Secretary, courts
in England have overturned the convictions of 18 persons
previously imprisoned in connection with Provisional IRA
terrorist attacks in the 1970's. A precedent has been
established that all evidence held by the prosecution, whether
or not intended for use in court, may be released to the
defense at the judge's discretion.
Perceived miscarriages of justice prompted the Government in
March 1991 to appoint a Royal Commission to review all aspects
of the criminal justice system in England and Wales. The
Commission spent 2 years collecting submissions from numerous
professional bodies, nongovernmental organizations, and
individuals, and commissioning surveys of lawyers, defendants,
and the general public on how the administration of justice is
perceived. The Commission's report was released in 1993 and
includes 352 recommendations. The following recommendations
have generated the most discussion: credible confession
evidence should be allowed, if the judge gives a strong warning
to the jury; in so-called either way cases--triable in either a
magistrate's court or the Crown Court; where the case is tried
is dependent upon the severity of the case--a defendant should
not have the right to insist on trial by jury; the defense
should disclose its theory of the case after the prosecution
has disclosed its case; an independent criminal cases review
authority that would send cases to the Court of Appeal (instead
of the Home Office) should be established; and continuous video
recording of all custody offices, passages, and stairways
should be introduced as soon as possible. The proposal that
the defense should reveal its case theory and the denial of a
defendant's right to opt for a jury in an either way case
stirred the most controversy. Some proposals from the report
were included in the crime bill introduced into Parliament in
December (see below).
Although the Commission did not study Northern Ireland, the
Government indicated it would consider whether changes
implemented as a result of the Commission's findings might also
be applied in Northern Ireland.
In October the Home Secretary announced a series of proposals
designed to crack down on rising crime rates throughout the UK,
some of which have caused concern among human rights monitors.
These include allowing judges, at their discretion, to instruct
juries that they could draw an inference of guilt from a
defendant's refusal to answer questions during interrogation or
trial; ending the presumption in favor of bail for serious or
repeated offense; and creating new categories of terrorism
offenses. The proposals were included in a criminal justice
bill introduced into Parliament in December. Opposition
parties and human and civil rights groups particularly
criticized the erosion of the right to remain silent.
In 1973 the Government suspended the right to trial by jury for
certain terrorist-related offenses in Northern Ireland because
of intimidation of the judiciary, jurors, and lawyers. In such
cases, a "Diplock Court," in which a single judge presides over
a trial without jury, is used. The judge in a Diplock Court
must justify his or her decision to convict in a document that
becomes part of the court record, and appeal courts may
overturn Diplock Court convictions on substantive as well as
legal grounds. These courts have been widely criticized. The
Government claims that the conviction rate for defendants
pleading not guilty in Diplock Courts is virtually identical to
the rate in regular courts, but one human rights group has
contested this claim, citing other statistics that indicate a
50 percent higher conviction rate in Diplock Courts in 1991.
The group also notes that most Diplock convictions are based on
uncorroborated confessions.
A court in Northern Ireland may draw whatever inference it
deems proper, including an inference of guilt, if a subject
remains silent during interrogation by police or at trial,
though he cannot be convicted solely on the basis of such an
inference. The change was intended to deal with a Provisional
IRA tactic of advising members not to say anything under
interrogation, then to present a surprise alibi at trial, but
it substantially erodes the presumption of innocence and the
right not to be compelled to testify against oneself or confess
guilt. Furthermore, it is part of the general criminal law of
Northern Ireland and applies to all criminal suspects, not only
terrorist suspects.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The right to privacy is generally respected in both law and
custom, though see below on Northern Ireland. Warrants are
normally required for a police search of private premises.
However, under the EPA, on-duty members of the armed forces or
policemen may enter any premises or other place if they
consider it necessary to preserve peace or maintain order. The
Act requires a standard of "reasonable grounds of suspicion"
before a dwelling may be entered without a warrant.
In Catholic communities in Northern Ireland, where distrust of
the Government has deep historical roots, many believe that the
conduct of some members of the security forces in carrying out
security checks constitutes unwarranted harassment and
intimidation. The Government conducts intensive training of
security personnel in proper procedures but acknowleges that
official guidelines are still sometimes violated.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Strongly held common law tradition, an independent press, and a
democratic political system combine to secure freedom of speech
and press. Viewpoints critical of the Government are well
represented. British print media are dominated by a handful of
national daily newspapers, all privately owned and highly
independent (though often generally aligned with one of the
major political parties). About half the electronic media are
run by the British Broadcasting Service (BBC), which is funded
by the Government but enjoys complete editorial independence.
The remainder are run by corporations under renewable
government license.
The Government continued to prohibit radio and television in
the UK from broadcasting the voices of members of proscribed
terrorist organizations such as the Provisional IRA, and of
representatives of Sinn Fein (the legal political arm of the
Provisional IRA), as well as the voices of those who "solicit,
support, or invite support for such organizations." Critics
charge that the vagueness of this last category intimidates
broadcasters into applying the ban even in ambiguous cases.
However, there are no restrictions on reporting such persons'
words, and broadcasters may and do use actors with similar
accents to read the words in synchronization with the lips of
the actual speaker. Exceptions to the ban are made for
coverage of election campaigns and parliamentary proceedings.
Human rights and civil liberties organizations continued to
criticize the Official Secrets Act of 1990, which prohibits
disclosure of a broad range of foreign policy and national
security information. They claim that, in the absence of
freedom of information legislation, actions of the Government
are effectively shielded from the public, even in instances
where government agencies have acted improperly or illegally.
Alleged offenses under the Act may be tried in secret, and the
Government need not disclose its justification for holding a
secret trial. In practice, however, the Act is seldom invoked
and has not prevented the disclosure of numerous internal
government documents and instances of alleged wrongdoing.
Attempts by the Government in the 1980's to prosecute officials
who leaked documents generally failed.
The Government demonstrated its commitment to freedom of speech
by providing police protection to author Salman Rushdie, the
subject of an incitement to murder by former Iranian leader
Khomeini, and by affording Rushdie a series of meetings with
senior British officials. The Government has stated that the
refusal of Iranian authorities to repudiate the incitement to
murder, or to lift the bounty offered for his death by an
Iranian organization, prevents the restoration of full
relations between the two countries.
b. Freedom of Peaceful Assembly and Association
The Public Order Act of 1986 gives police broad powers to
restrict or ban public demonstrations, marches, and assemblies
when they deem that violence or vandalism is likely to result.
The Act is seldom invoked, but has been used in recent years to
prevent "New Age Travelers" from gathering on private property
or at ancient monuments such as Stonehenge. The PTA and EPA
include sections prohibiting membership in, or support of,
organizations involved in terrorism. These organizations are
specifically listed in the statutes. The lists do not include
political parties.
c. Freedom of Religion
Government policy and general practice ensure freedom of
religion. Britain has two established churches legally
recognized as official churches of the State: in England the
(Anglican) Church of England, and in Scotland the
(Presbyterian) Church of Scotland. In Northern Ireland, the
Constitution Act of 1973 prohibits discrimination by public
authorities on the basis of religious belief or political
opinion (see Section 5 concerning the Fair Employment Act).
Ministers of the Church of England and the Church of Scotland
are ineligible to sit in the House of Commons. However, the
most senior ministers of the established religions hold seats
in the House of Lords.
The Government provides funds for many schools maintained by
various religious denominations, including Anglicans,
Catholics, Methodists, and Jews. In May 1992, the High Court
ruled that a local council's decision to deny funding to a
Muslim-run school was "manifestly unfair" and that the
Education Secretary should reconsider. In August the decision
not to fund the school was reconfirmed. In Northern Ireland,
the Government provides full funding for nonsectarian (but
overwhelmingly Protestant) state schools. For denominational
(mostly Catholic) schools, the Government provides 100 percent
of operating costs and 85 percent of capital costs. In
December 1992 the Government announced that denominational
schools could qualify for full state funding if no single
(sectarian) group comprised a majority of the school's board of
governors.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Citizens of the UK enjoy freedom of movement within the country
and in foreign travel, emigration, and repatriation, with very
limited exceptions as noted below. The Home Secretary may
exclude from Great Britain anyone connected with terrorism in
Northern Ireland, unless that person was born in Great Britain
or has been resident there for 3 years. Similar authority is
granted to the Secretary of State for Northern Ireland to
exclude persons not native to or resident in that province. In
ordering exclusion, the Secretary of State need only be
"satisfied" that a person is or has been involved in the
commission, preparation, or instigation of acts of terrorism.
Currently 92 persons are subject to exclusion orders, including
2 new orders issued in 1993 by the Home Office. In April John
Matthews was arrested in London and detained for 10 weeks in
connection with a Provisional IRA bombing. When the case came
to court in July, the prosecution dropped charges, but Matthews
was immediately served with an exclusion order and flown back
to Northern Ireland. Several Members of Parliament, human
rights groups, and most of the British media objected to the
exclusion order. In October the exclusion order on Sinn Fein
president Gerry Adams was reinstated after 10 years during
which he had been elected to Parliament but had not traveled to
Britain. Exclusion orders are contentious because the
Secretary of State need not reveal the grounds for exclusion,
the evidence is not tested in any court, and there is no formal
right of appeal to the courts.
Immigration rules require that all requests for asylum be
considered by the Home Office in accordance with the 1951
Convention Relating to the Status of Refugees. The Government
makes generous provision for political refugees, but faced with
an exponential rise in asylum applications in recent years, it
introduced legislation to speed processing of unsubstantiated
requests. Human rights groups claim the legislation would
undermine Britain's commitment to provide haven for legitimate
refugees. In 1992 approximately 24,000 people (excluding
dependents) applied for asylum. This was about 20,000 fewer
than in 1991. The Government believes the decrease is largely
due to a more rigorous applicant recording system.
Approximately 5 percent of the applicants received asylum; most
of the remainder were granted exceptional leave to stay in the
UK. In July former Home Secretary Baker was found in contempt
of court for failing to stay the deportation of a Zairian
teacher, whom the court had granted a right to remain in the UK.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The Government is formed on the basis of a majority of seats in
the House of Commons, which are contested in elections held at
intervals not longer than 5 years. Participation in the
political process is open to all persons and parties. All
citizens 18 years of age and older may vote. Northern Ireland
has city and district councils, as in the rest of the UK, but
with somewhat fewer powers. England and Wales also have county
councils, while Northern Ireland does not. (Scotland's
structure is different still.) From 1922 to 1972, Northern
Ireland had a devolved provincial Parliament at Stormont, which
was suspended because its domination by the unionist majority
was seen as contributing to the troubles. Several attempts
have been made since then to restore devolved government.
Another major effort continued in 1993.
Women and minorities face no legal constraints on their ability
to participate in the political process through voting or
holding office. The Head of State is a Woman, the Head of
Government was a woman from 1979 to 1990, two women are members
of the present Cabinet, and the deputy leader of the main
opposition party is a woman. The Labor Party has initiated a
policy of reserving a substantial number of candidacies for
women, with the goal of equalizing the number of its male and
female Members of Parliament (M.P.'s). Several members of
minority ethnic groups serve in parliament. However, voter
turnout among some ethnic minorities is far below that of the
majority community, and some women M.P.'s complain that
late-night sittings and lack of child care facilities pose
unfair obstacles to female politicians.
Most British dependent territories--Hong Kong is an
exception--have small populations, under 60,000, and all are
ruled by appointed governors or administrators assisted by
executive councils (usually appointed) and legislative
assemblies or councils (partly elected).
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
A large number of local nongovernmental human rights
organizations operate freely with no government interference or
restriction. In 1973 a Standing Advisory Commission on Human
Rights was established by the Government to monitor human
rights in Northern Ireland, although the Government has
declined to adopt many of its recommendations.
A number of international nongovernmental human rights
organizations, including Amnesty International, are based in
the UK. The Government cooperates fully with international
inquiries into alleged violations of human rights and usually
takes steps to rectify its own laws and policies when they are
found inconsistent with human rights agreements to which it is
a party.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
The law in Great Britain bars discrimination on the basis of
race, color, nationality, or national or ethnic origin and
outlaws incitement to racial hatred (see below).
Women
Equal opportunity for both sexes is protected by law. An Equal
Opportunities Commission (EOC) supports persons who bring
discrimination cases before industrial tribunals and courts,
and it produces guidelines on good practice for employers.
Employed women throughout the UK earned approximately
25 percent less than their male counterparts in comparable
positions.
In 1992 the number of complaints filed with the EOC, including
those involving sexual harassment, reportedly increased almost
65 percent. Complaints from males made up about 40 percent of
the total. The Inspectorate of Constabulary, in an official
report, said there were "serious" problems of sexual harassment
and denial of equal opportunities in the country's police
forces. On December 8, Sarah Locker was awarded an out of
court settlement of 32,000 pounds (approximately $50,000), an
apology from the Metropolitan Police Commissioner, and a
promotion. Scotland Yard decided to set up a women's support
network and begin training for all ranks in equal opportunity
and race awareness.
Although there were continuing reports of career progress by
women in most sectors of the economy, the adequacy of British
law and administration in dealing with sex discrimination was
subjected to a series of legal challenges. In August 1992, the
European Court of Justice ruled that the UK's statutory limit
on financial awards in discrimination cases, the equivalent of
$16,500, was illegal. Shortly after that ruling, the Trade
Unions Congress (TUC), Britain's central labor organization,
filed a complaint with the European Commission charging that
the Government, by abolishing the statutory wage councils
(which set minimum wages in certain low-paid and largely female
industries), was violating its obligations under EC law to
provide the affected women workers with equal opportunity.
(Other aspects of the abolition of the wage councils were the
subject of a separate complaint to the International Labor
Organization (ILO); see Section 6.b.) The EOC endorsed the TUC
action and announced it would be filing its own complaint with
the EC, alleging that the UK legislation, in its entirety,
"fails to provide effective access to justice."
The same statute which abolished the wage councils also
established EC-mandated maternity leave of 14 weeks, and
protections against dismissal on maternity-related grounds.
Women have equal property rights and equal rights in the
divorce courts, and in 1993 a divorced wife's claim to a share
of her husband's pension was upheld in court. Although there
are no reliable statistics, experts on women's studies suspect
that violence against women is the predominant form of violence
in the UK. However, in an effort to educate and encourage
women who have been the victims of abuse, the Women's Aid
Federation, a private voluntary organization, organized an
advertising campaign outlining the problems of abuse and
stressing that women need not suffer them. The advertisement
gives phone numbers where women may seek help. It has been
disseminated widely. Offenders in domestic violence cases are
prosecuted and are subject to imprisonment. Victims of battery
and rape are given assistance, including accommodation and
counseling, and the courts have held that nonconsensual marital
sex can constitute a criminal offense.
Women in Northern Ireland's Maghaberry Prison maintained that
the conditions under which they were imprisoned were abusive
and discriminatory, and a group brought an action for sex
discrimination against the Northern Ireland Office. They
complained that, compared to the male prisoners at Maghaberry,
women had shorter visiting hours, poorer facilities for visits,
and, as opposed to male prisoners, no provisions for care of
visiting children. The women further claimed they had less
access to educational and exercise facilities than men.
Children
In 1989 Parliament passed the Children's Act, which covers
England and Wales and highlights growing acceptance of
children's rights in domestic law. The basic premise of the
Act is twofold: first, the best interests of the child must be
taken into account when decisions are made regarding the
child; and second, children should be consulted about their
wishes and desires. Various governmental agencies (e.g.,
health, education, social services) also play a role in
childrens' law. The overlapping legislation paints a complex
legislative picture. However, it is clear that children have
the right to apply for court orders, to give or withhold
consent for medical treatment (where they have sufficient
cognitive ability to make an informed decision), to make
complaints to the relevant local authority, to have their
ethnic, linguistic, and religious background considered, to
have reasonable contact with their family (usually applied in a
circumstance where there has been abuse), and to be consulted
regarding their desires. Scotland and Northern Ireland employ
principles and law similar to that found in the children's
act. Children receive generous benefits packages. Children's
advocates have commented that the laws reflect a growing
acceptance of children's rights in domestic law. However they
are concerned about cuts in social services to children,
inconsistent application of the Children's Act of 1989, and
lack of adequate monitoring of the law (e.g., statistics are
not adequately kept).
National/Racial/Ethnic Minorities
Approximately three million persons in the UK, representing
5 1/2 percent of the population, belong to ethnic minorities.
About half of them are Asians of Indian, Pakistani, and
Bangladeshi descent. While British law bars discrimination on
the basis of race, color, nationality, or national or ethnic
origin and outlaws incitement to racial hatred, racial
discrimination is not specifically outlawed in Northern
Ireland. The Secretary of State for Northern Ireland agreed to
investigate the scope for possible legislation on racial
discrimination and determine what additional action should be
taken by government departments to further enhance equal
treatment of ethnic groups. A government-appointed,
independent Commission for Racial Equality (CRE) supports
persons taking court action under the Race Relations Act of
1976, provides guidelines on good practice, and may initiate
court action. After formally investigating complaints, the CRE
may issue notices requiring that discrimination cease. Such
notices are followed up over a 5-year period to ensure
compliance.
Although law prohibits discrimination based on race, persons of
African and South Asian origin face substantial
discrimination. In 1992 a government study concluded that
racial discrimination existed at all stages of the criminal
justice system. Several studies showed that ethnic minorities
were less likely to obtain jobs and mortgages and more likely
to live in overcrowded housing than were whites. Members of
Asian and African minorities were also victims of racial
insults and occasional "skinhead" violence. The Home Office
reported over 7,700 racial incidents in England and Wales in
1992. CRE commented that the great majority involved insults
or verbal abuse. About a dozen persons have been killed in
racial attacks since June 1992. In April a black youth was
stabbed to death by whites at a south London bus stop. In
September a Bangladeshi youth was badly beaten by a group of
whites in London's East End, sparking a weekend of violent
clashes between Asians and whites. In October a black man was
beaten, stabbed, and run over with a car by three white persons
in east London. The Government is strongly opposed to
discrimination and violence and prosecutes cases in which
evidence is available.
Religious Minorities
Although discrimination in employment on the grounds of
religious belief or political opinion has been unlawful since
1976, it continued to occur in Northern Ireland, including at
times by local governments. Within the Northern Ireland civil
service, the proportion of Catholics under age 36 reflects
overall demographic patterns, but they continue to be
underrepresented in the upper age groups and grades. A Fair
Employment Tribunal adjudicates individual cases of alleged
discrimination. In 1992 the Fair Employment Commission noted
that Catholics were not as well represented in the senior
management levels of the public work force. In mid-November
the civil service announced its intention to increase Catholic
representation in the senior management levels. Government
efforts to increase recruitment of Catholics into the police
force and related security fields have been hampered by
Provisonal IRA assassinations and death threats, as well as
public suspicion of the security forces. For a variety of
historical and social reasons, the Protestant community
controls much of the local economy, and anti-Catholic
discrimination persists in the private sector. Despite
government efforts and a recent drop in unemployment in
Northern Ireland, the Catholic male unemployment rate remained
2 1/2 times that of Protestant men, partly due to Catholic
inability or unwillingness to engage in security-related work.
The Fair Employment (Northern Ireland) Act of 1989 was intended
to end employment discrimination and aimed at outlawing even
unintentional or "indirect" discrimination. All public sector
employers and private firms with more than 25 workers must
register with the Fair Employment Commission, monitor the
religious composition of their work force, supply annual
monitoring reports to the Commission, and review their overall
employment practices at least once every 3 years. These
obligations were extended to small firms (employing between 11
and 25 workers) beginning in 1992. While the Fair Employment
Act has been criticized for not establishing sufficiently
rigorous targets and timetables, it has generally been praised
by leaders of the Catholic community as a positive step.
Employers who fail to comply face criminal penalties and loss
of government contracts, and victims of employment
discrimination may be awarded damages. In 1992, six companies
were subject to criminal sanctions and fines for failure to
comply with the Act.
People with Disabilities
According to surveys, 6.5 million inhabitants of the UK have
disabilities. Official discrimination against disabled persons
is not sanctioned. However, studies indicate that social
discrimination exists. Although the UK does not have one
overarching law which addresses the rights of disabled people,
a number of pieces of legislation guarantee social services.
Benefits packages for disabled people are administered by
various governmental departments. The benefits are designed to
provide education, mobility, home care, and access to
buildings. Access to buildings is generally poor.
Interest groups point out that the age of most buildings in
London makes it difficult for a physically disabled person to
obtain access even if there are ramps. Many buildings do not
have elevators. Since 1985, government regulations have
required that all new buildings meet the access requirements of
all individuals with impaired mobility. In June 1992, the
government made similar regulations for sensory impaired
persons.
Government regulations mandate that by the year 2000 all taxis
be wheelchair accessible. In 1944 the Government passed the
Disabled Person's Employment Act, which instituted a quota
system requiring businesses with more than 20 employees to hire
disabled persons as 3 percent of their workforce. There have
been 10 prosecutions under this Act. Government estimates are
that 75 percent of companies fail to comply with the Act.
Statistics with regard to unemployment of the disabled are not
kept.
Section 6 Worker Rights
a. The Right of Association
Workers have the right to form and join representative
organizations, associate freely, choose representatives,
publish journals, openly promote members' interests and views,
and elect representative assemblies to determine union policies
and procedures. Unions participate freely in international
organizations.
Unions are free of government control but, like employers'
associations, must register their accounts with a
government-appointed "certification officer." Senior union
officers must be elected by secret ballot. The law mandates
secret ballots before a strike call, prohibits unions from
disciplining members who reject a legal strike call, and allows
individual trade union members to lodge complaints against
their union with a government-appointed "Commissioner for the
Rights of Trade Union Members."
No specific statutory "right to strike" exists in the UK.
Voluntary cessation of work may be considered a breach of
contract. A system of legal immunities, which protected unions
from prosecution when engaged in lawful industrial action, was
narrowed by a series of acts of Parliament introduced in the
1980's. These acts excluded secondary strikes and actions
judged to have political motives. Unions encouraging such
strikes are subject to fines by the courts and may have their
assets seized. The legislation also restricts the ability of
unions to act against subsidiaries of prime employers with whom
they are in dispute when the subsidiaries are not party to the
dispute and are the employers of record. This has led to union
complaints that they have no protection against the transfer of
work within the corporate structure (making unions the victims
of a form of employer secondary action). The 1990 Employment
Act made unions liable for all industrial actions, including
unofficial strikes, unless the unions concerned write to
strikers repudiating their action. Unofficial strikers may be
legally dismissed. In instances where the right to strike is
prohibited (e.g., for police officers), there are alternative
means to resolve differences.
The Trade Union Reform and Employment Rights Act of 1993
abolished the Wage Councils (see also Section 5 above) and
placed new procedural requirements on union strikes, dues
collection, and membership rules. It also permits private
citizens to seek damages, with government aid, when denied
goods or services through illegal strike action.
Except in the case of the armed forces, the police, or the
security services, it is illegal to deny a person employment on
the ground he or she is not a union member. An amendment to
the 1993 Act also reverses a court ruling that banned employers
from offering financial inducements to workers in exchange for
giving up trade union representation.
The compatibility with Great Britain's international
undertakings of parts of the recent legislation affecting
unions has been subject to challenges by the TUC in various
European and international bodies (see below and also
Section 5).
b. The Right to Organize and Bargain Collectively
Although there is no legal obligation for employers to bargain
with workers' representatives, and despite the fact that
labor-management contracts are not enforceable in the courts,
collective bargaining is longstanding and widespread, covering
about 40 percent of the work force.
Recent British legislation affecting trade union rights and
protection have been the subject of challenge by the TUC in
various international forums (see below and also Section 5).
Workers who believe themselves victims of antiunion
discrimination may seek redress through industrial tribunals.
Remedies available include payment of indemnities and
reinstatement.
The adequacies of these protections and the impact of recent
legislation on trade unions and their members have been the
subject of repeated complaints by the TUC to the International
Labor Organization (ILO), the European Community (EC) and the
Council of Europe (COE).
In May 1993, the Governing Body of the ILO endorsed the
findings of the Committee on Freedom of Association on
complaint filed by the TUC. At issue was the compatibility of
British law and practice with ILO Convention 98 on the Right to
Organize and Bargain Collectively, as it concerned the
circulating of blacklists of trade unionists seeking
employment. The ILO held that the British Government is
obliged, inter alia, to protect trade unionists from such
discrimination.
In September 1993, the Committee of Ministers of the COE
accepted its Committee of Experts' finding that UK labor law
was in violation of the European Social Charter. The issue,
based on a TUC complaint, was that the British legislation
which permits an employer to dismiss all employees who take
part in strikes and then, after 3 months' time, selectively
rehire them, was incompatible with the Charter's protection of
collective action. The Committee recommended that the
Government take this decision into account and notify it of
what measures it will adopt.
As of August 1993, the Committee of Experts of the ILO had
before it several other outstanding complaints from the TUC
concerning various aspects of British labor law and practice.
These were:
-- the ban on unions at the Government's communications center
GCHQ, an alleged violation of Convention 87 on Freedom of
Association. The Government is to report in 1994 on efforts to
negotiate a settlement.
-- various provisions of the Trade Union Act of 1988 which
prevent unions from disciplining members who refuse to join
lawful strikes and bar unions from reimbursing their officials
or members. All are alleged violations of Convention 87.
-- the removal of unions' protection from civil liability for
strike action, and the inadequacy of legal protection against
the dismissal of strikers. Both are alleged violations of
Convention 87.
-- the denial to school teachers in England and Wales of the
right to have their pay determined through collective
bargaining. An alleged violation of both Convention 87 and 98
(right to organize).
-- various provisions of the Trade Union Reform and Employment
Rights Act of 1993, including the abolition of the wage
councils (Convention 100 on equal pay), abolition of the
Mediation Services' mandate to promote collective bargaining,
new procedural limits on strikes and the collection of dues,
and the removal of protection from disciplinary action short of
dismissal designed to deter trade union membership. All are
alleged to be violations of Conventions 87 and 98.
Export processing zones do not exist.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is prohibited and is not practiced.
d. Minimum Age for Employment of Children
School attendance until the age of 16 is compulsory. Children
under the age of 16 are not permitted to work in an industrial
enterprise except as part of an educational course.
e. Acceptable Conditions of Work
There is no legislated minimum wage. The Trade Union Reform
and Employment Rights Act of 1993 abolished the wage council
system, which prior to August 30, 1993 had established minimum
hourly wages and overtime rates for adult workers in 26
low-wage industries. The UK does not have a law limiting daily
or weekly working hours.
The Health and Safety at Work Act of 1974 requires that the
health and safety of employees not be placed at risk. A Health
and Safety Commission enforces regulations on these matters and
may initiate criminal proceedings. The system of occupational
health and safety is efficiently managed and operates with the
full involvement of workers' representatives.
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