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Conference tallis::celt

Title:Celt Notefile
Moderator:TALLIS::DARCY
Created:Wed Feb 19 1986
Last Modified:Tue Jun 03 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:1632
Total number of notes:20523

1486.0. "UN takles Britain over civil rights" by TAGART::EDDIE (Eddie McInally, FIS, Ayr. 823-3537) Fri Jul 21 1995 08:48

The following article appears in today's "The Herald" newspaper. It is 
reproduced here without permission.

UN tackles Britain over home rule
By Elizabeth Buie.

The United Nations human rights committee has called on the Government to 
explain why its report to delegates has ignored support for self-
determination in Scotland, but includes backing for a referendum for the 
people of Northern Ireland.

Following an initiative by the Scottish Council for Civil Liberties, 
delegates from Germany, Australia, Egypt and Chile have asked Britain to 
provide "clear and precise" answers as to why it has not accorded the same 
rights to Scottish people as it has to people in Northern Ireland.

A member of the British delegation will today be called upon to give oral 
evidence relating to its written report, which was prepared last year.

The chairman of the SCCL, Mr Alan Miller, said: "It is very significant as 
it is the first time that I am aware of in a human rights context that the 
question of Scotland's right to self-determination has been received by the 
UN. The UN has considered it appropriate to ask the UK why it is not 
according Scotland the same rights as another part of its territory - 
Northern Ireland."

The UN human rights committee is currently holding hearings on the 
application of the International Covenant on Civl and Political Rights
(ICCPR), which Britain signed in 1976. Britain is obliged to report 
periodically on how much it has done to implement civl and political
rights.

Britain's written report to the ICCPR, its fourth, which was published
last October, prompted the SCCL to write a counter-report, protesting that 
the Government's version ignored civil and political rights in Scotland.

The director of the SCCL, Ms Carole Ewart, said: "In relation to the 
Scottish jurisdiction, the Government has failed to comment sufficiently
or give adequate information to allow a proper evaluation of its respect
for the ICCPR in Scotland.

"This lack of information is startling given that we have a distinct legal 
system, a different local government structure, and a strong cultural 
identity."

Ms Ewart said she feared the SCCl's points would be ignored because the UK 
had never included a Scottish Office member in its delegation. However, 
this year Mrs Gillian Stewart, under-secretary in the criminal justice 
department is representing Scottish Office interests in the delegation.

A spokeswoman in the Scottish Office said: "Attempts to compare the 
constitutional position in Scotland with Northern Ireland trivialises
the depths of the problems which have prevailed in the province for
generations."

"Government proposals for Northern Ireland seek to reconcile the interests 
of a deeply divided community flowing from the existence of conflicting 
traditions. There is no comparable situation in Scotland."

The UN human rights committee will also challenge Britain today as to why 
it has no Bill of Rights giving people in Britain a domestic remedy if 
there is a breach of their fundamental human rights.

The SCCL is concerned about alleged attacks on trade union rights, 
restictions on political freedoms, infringements of privacy, and the need 
to reform the criminal justice system.

Dr Allan Macartney, the deputy leader and foreign affairs spokesman of the 
Scottish National Party, said: "The SCCL is to be congratulated for this 
initiative. There is a massive anomaly in the Government facilitating the 
principle of self-determination in the province of Northern Ireland with a 
referendum pledge, while frustrating it for the nation of Scotland."

"The Government are now obliged to defend the indefensible in front of the 
international community. They should take the opportunity to announce a 
constitutional referendum for Scotland."

A spokesman for the Scottish Liberal Democrats said: "It is clearly right 
that the Scottish people should have the right to determine their own 
political future and that should be a constitutional feature. Only the 
Conservative Party denies this. We believe that there should be a 
referendum giving Scotland the choice and it will be interesting to hear 
what the Government says at this committee in response to these
questions."
    
T.RTitleUserPersonal
Name
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1486.1first it's AI, then the UN, tsk, tsk, tsk...CONSLT::CORRIGANLOOSE CHIPPINGSFri Jul 21 1995 09:3317
     Now Eddie, why do you think that the UN would focus only on the
    Brittish Government for human rights violations when we all know that
    the Scots have been acting out for centuries themselves.
     Take for example yer insistance that everyone try haggis, at least
    once in their lives. And then to subject crowds of unsuspecting
    punters to Pipe bands. And what about that Burns fellow with his
    ramblings about `Jenny wi' the Mumps'. I personally was subjected to
    weeks of recitation of this poem by my wee son as he had to learn
    it for school in Ayr.
    
    
    
    
    :^))))))))))))))))))))
    
    regards,
    	Bob 
1486.2GYRO::HOLOHANFri Jul 21 1995 11:5714
  Scotland should be granted a right to self-determination.  It's also
  interesting that the lack of a Bill of Rights is being brought up.
  Many people are under the false impression that Britain is somehow 
  a good example of a representative democracy, when in reality it is
  one of the worse.  Especially when it comes to ensuring the rights of
  the people under it's control.

 I wonder what the economic improvements would be for the people of
  Scotland once they jetison the union with England.  I'd expect to see
  less of the money from the north sea fields siphoned down to keep
  London afloat.

                        Mark
1486.3CBHVAX::CBHLager LoutFri Jul 21 1995 12:034
Interesting that the same people who support reintegration of Northern
Ireland also support devolution of Scotland...

Chris.
1486.4Its called "consistency" - look it upTAGART::EDDIEEddie McInally, FIS, Ayr. 823-3537Fri Jul 21 1995 12:3825
Re .3

Chris,
	You seem surprised at the consistency of views that both NI and 
Scotland should be freed from their shackles with England if the people
in these last remnants of the empire vote democratically to do so.
Perhaps you have listened to and believed the British government so long
now that you do not know what a consistent view is.

The British parliament holds itself up as "the mother of democracy" while
the Tory party sweeps to power with less than 30% of the vote. The British
Government bemoans human rights violations in Bosnia while its own card
is being marked by AI and the UN. The British Government does not want to
lose its sovereignty to the greater power of the European Union but it
tells Scotland that they are better off by being a part of the larger
community of the UK.

No wonder you are surprised by consistent views.

You also seem to be confused about devolution. To set the record straight,
I support full independence for Scotland. Given a choice of devolution or
independence I would choose independence. Given a choice of devolution or
the status quo I would choose devolution in the hope that it would be a
stepping stone to full independence within Europe.
    
1486.5CBHVAX::CBHFuttock MasticatorFri Jul 21 1995 12:479
re .4

sorry, I was just being awkward.  I really don't think that independance
for Scotland in such a bad idea; if this happened, one thing I'd also like
to see would be if England's long ignored Northern counties were given the
choice of who they wish to be governed by, as they have hardly prospered
under a series of such London centric governments.

Chris.
1486.6AYOV27::FW_TEMP01J Hussey - Down in DunureMon Jul 24 1995 07:0316
>in these last remnants of the empire vote democratically to do so.

Didn't Scotland haveone and voted for the status quo? Admittedly, this was
before 16 years of Tory rule and I dare say the sentiment is different
nowadays.  Personally, I like to see a devolution of power from Westminster
to all regions including Scotland & Wales.  The problem in England is how
to define a region.

>the Tory party sweeps to power with less than 30% of the vote

I think it was around 43% nationally actually.  Unless you mean only
Scotland.

>No wonder you are surprised by consistent views

Nobody expects consistent views from any politician, do they?
1486.7Hear HearWARFUT::CHEETHAMDFri Jul 28 1995 13:488
     I can't see how anyone could object to Scottish independence if it were
    voted for by a majority of those living in Scotland. I think that it is
    time that all governments and movements realise that is futile in the
    long term to make any distinct population remain or become a part of a
    larger state when they do not wish to do so, or for that matter leave a
    state which they wish to remain a part of.
    
                                  Dennis
1486.8Britain stands accused in GenevaGYRO::HOLOHANFri Jul 28 1995 15:34111


from An Phoblacht/Republican News
news and views of the Irish Republican movement--Sinn Fein
July 20, 1995

***
                Britain stands accused in Geneva
                         BY LAURA FRIEL

     THE HEAD of Sinn Fein's International Department, Bairbre De
Brun, has been in Geneva this week to meet members of the United
Nations Human Rights Committee in advance of the Committee's
formal hearings on Britain's human rights record in
Ireland which take place on 20 and 21 July.

     Despite British attempts to curtail the remit of the
hearing, submissions by human rights groups and individual
victims remain a damning indictment of the British government's
role in the Six Counties.

     In Geneva De Brun is adding Sinn Fein's voice to a series of
submissions to the hearing critical of the British government's
record in the Six Counties. A submission from British Irish
Rights Watch identifies the right to self-determination as ''at
the heart of the conflict in Northern Ireland''.

     While Liberty's Alternative Report, acknowledges that the
Six Counties ''has been in a state of emergency since its
inception in 1922''. The Committee for the Administration of
Justice identifies the cease-fires as giving an unprecedented
opportunity to resolve the long-standing conflict and move to a
new era of peace and justice' and criticises the British
government's lack of response.

     British Irish Rights Watch (BIRW) is an independent
organisation, sponsored by Kader Asmal of the ANC and British
human rights barristers Michael Mansfield and Helena Kennedy
which has been monitoring the human rights dimension of the
conflict in the Six counties since 1990. Of all the submissions,
that of the BIRW is the most comprehensive and critical.
While for Liberty ''the extent to which the authorities may have
tolerated or promoted collusion remains debatable'' for the Watch
it is not ''merely a matter of perception: collusion has been
officially acknowledged''. The BIRW continues: ''Far from taking
rigorous measures to stem collusion, the UK government has
appeared to condone it by a series of official cover-ups, the
failure to publish reports on collusion, and the use of
public-interest immunity certificates at trials and inquests to
withhold information concerning collusion.''

     Meanwhile the BIRW is just as hard hitting when dealing the
use of lethal force in the Six Counties. Not only is ''the right
to life not adequately protected by law'', but Catholics have
also been the ''overwhelming majority of victims'' of the use of
lethal force by the British crown forces. Out of 348 killings by
the British army and RUC, 308 of the victims have been Catholics.

                           COLLUSION

     The US-based Lawyers Committee for Human Rights examines the
murder of the civil rights lawyer Pat Finucane and the role of
crown forces' collusion with loyalist death squads.

     While the CAJ acknowledges the British crown forces ''are
practically immune from facing the consequences of opening fire''
it is ''the attendant secrecy, lack of thorough investigation and
prosecution'' which reinforces the perception of extra-judicial
executions. For BIRW it is not simply a matter that ''de-facto
impunity has fuelled allegations'' of a shoot-to-kill policy.

     After in-depth research into 27 killings, the Watch
concludes that extra-judicial executions have been carried out by
British forces.

     Topically the BIRW identifies the routing of marches by the
Orange and Black Orders through nationalist areas as a violation
of Article 19 (3) (b). ''These Orders were established to defend
the Protestant succession to the British throne. The marches are
exclusively Protestant, are triumphalist in character and have
led to many outbreaks of fighting between unionists and
nationalists... who have been subjected to sectarian abuse,
assaults and smashing of windows etc. by some marchers.''

     The refusal of the British government to comply with
international rules governing the transfer of prisoners to jails
near to their families is highlighted by almost all of the
submissions.

     In 1992 MI5 was given primary responsibility for thwarting
the IRA's campaign in England. In its submission Liberty
questions the role of MI5, criticising the covert nature of its
operations and the use of entrapment to secure convictions.
Liberty is particularly critical of the increasing reliance on
anonymous prosecution witnesses and Public Interest Immunity
Certificates during trials orchestrated by MI5.


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1486.9HLDE01::STRETCH_MMon Jul 31 1995 05:3310
    re .3
    Whats your problem with Scotland (or Ireland) being independant?
    
    And for any other welsh anglophiles who might be reading - just because
    someone wants thier people and culture etc. to be independant doesn't
    mean that they are a raving nationalist. It always amazes me how some
    of the English can't live and let live.
    
    rgds
    Mark
1486.10I've been awayHLDE01::STRETCH_MMon Jul 31 1995 05:362
    re .9->3 Yeah okay sorry I just read .5