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Mr. FINUCANE. Yes, they do.

Mr. KING. I want to thank all of you for your testimony. I certainly want to thank Chairman Smith for putting together this hearing and his staff who worked so hard to get the witnesses here. I want to thank you for traveling here, those of you who traveled from across the sea to join with us today to make the sacrifice to be with us, especially those of you who had relatives who were murdered or Mr. Kelly and Mrs. Kelly's case, whose son has been imprisoned, and Mrs. Groves' daughter was here today, you know, for really showing us how important it is for us as Americans to speak out and be heard, and to use whatever influence we have on the British Government to stop these flagrant violations of human rights and injustice which, unfortunately, have become almost a personification of the society in the north of Ireland.

It is not aberrations. They are not deviations. They are really what the society has become because of British rule in Northern Ireland.

And your testimony today, and certainly the testimony of the prior panel, has added to our information and has added to our wealth of knowledge. So thank you for being here.

The meeting is adjourned.

[Whereupon at 2:30 p.m., the Subcommittee was adjourned.]

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Mr. Chairman, I want to thank you for convening today's hearing and for all the leadership you have shown on the issue of human rights in Northern Ireland and around the world. Today's subcommittee hearing is yet another statement of your commitment to shining the light of justice on human rights abuses wherever they may occur.

I also want to thank Chairman Gilman for his longtime support of the human rights struggle in the province. Though the peace process faces a critical juncture, the progress made to date is in no small part due to your bipartisan leadership, drawing together a strong alliance in the fight to deliver not only lasting peace but justice as well to all the communities of Ireland.

I also want to thank all the witnesses who have come forward today to testify. The work of groups like the Committee on the Administration of Justice, Amnesty International, Human Rights Watch, and the Lawyers Committee for Civil Rights has been absolutely essential in bringing world attention to bear on individual cases like that of Roisin McAliskey as well as systemic abuses of basic human rights. I especially want to thank the families who have come so far today to share their stories those like Michael Finucane and James Kelly, who put a human face on the tragic circumstances of sectarian hatred and state-sanctioned abuses of human rights.

Mr. Chairman, recent events in Northern Ireland bear tragic witness to the futility of violence. The cowardly murder of two Royal Ulster Constabulary officers by IRA gunmen will serve not to achieve a political goal but simply increase the climate of fear and hostility as we approach the showdowns of the annual marching season. Such actions invite a return to the deadly cycle of retaliation that has long scarred the landscape from Derry to Belfast. We can only hope that the subsequent car bomb attack on two men from the Nationalist community does not signal a complete breakdown of the Loyalist ceasefire.

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But we are here today to focus on another kind of violence not the random acts of outlawed paramilitary groups that are easy to denounce, but violence against the rule of law and internationally accepted codes of judicial conduct. Whether it's no-jury Diplock Courts or the exercise of sweeping police powers under the Emergency Provision Act or the Prevention of Terrorism Act, the British government in Northern Ireland observes unacceptable codes of conduct that have drawn the condemnation of numerous human rights groups, many of them with us today.

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In my visits to Northern Ireland, most recently last December, I have met and talked to people, young and old, who have been the victims of these practices. On the streets of West Belfast, I met the father of the child whom Roisin McAliskey recently gave birth to under armed guard, and he told me how important it was for the British government to hear from Members of Congress and friends of justice everywhere if Roisin and her newborn were to receive adequate medical attention.

There is no question in my mind that the British government heard our pleas, and your pleas, for help. And that's what we're doing here today. Offering our help. This forum allows us to hear from those who have suffered at the hands of loyalist paramilitary groups, at the hands of the IRA, and yes, at the hands of the British security forces. Only by holding up these abuses to the light of day can we hope to correct them.

And so, Mr. Chairman, I welcome the opportunity to hear from our witnesses and thank you once again for convening this important hearing.

Statement of Martin O'Brien,

Committee on the Administration of Justice

Before the International Operations and Human Rights Subcommittee of the House International Relations Committee Hearing on Human Rights in Northern Ireland

24th June 1997

Written Statement

The

Thank you for the invitation to testify today. Committee on the Administration of Justice (CAJ) is an independent human rights organization which draws its membership from across the different communities in Northern Ireland. CAJ was established in 1981 and works to ensure the highest standards in the administration of justice in Northern Ireland. In particular we are concerned to ensure that the United Kingdom government lives up to its commitments in international human rights law. We work on behalf of people from all sections of the community and take no position on the constitutional status of Northern Ireland. We are opposed to the use of violence for political ends, and are profoundly disturbed by the breakdown in the IRA ceasefire and the return to violence in Northern Ireland. Recent weeks have seen some particularly horrific events, including the kicking to death by loyalists of two young men, one a Catholic and the other a policeman and the shooting dead in the last few days of two policemen by the IRA.

It is precisely because this is a very sensitive time in the peace process that we are so appreciative of having the opportunity to speak to you. We feel that international, especially US, involvement in developments in Northern Ireland has been extremely important in the past, and is urgently needed at difficult times like this. We are particularly grateful to Chairman Smith, and to other members of the subcommittee, for their interest in the human rights situation in Northern Ireland.

CAJ believes that issues of justice, human rights and fairness are at the heart of the current conflict in Northern Ireland. Peace is only likely to flourish when everyone feels that their rights are respected and protected. We are therefore convinced that a peaceful and lasting resolution of the conflict will require the establishment of mechanisms to ensure that human rights issues are addressed, and that the rights issues has the additional advantage that it can facilitate progress on resolving wider political questions.

We are concerned however that the human rights dimension to the conflict was not fully integrated into the management of the peace process by the previous government. This omission has of itself contributed to the current impasse. During the ceasefire not only were human rights concerns, or confidence building measures as they were described by Senator Mitchell, not adequately addressed, but indeed further abuses occurred. The significance of these in terms of their negative impact should not

be underestimated.

Experience with the management of peace processes elsewhere suggests that ending human rights abuses and protecting human rights creates a constructive context within which to resolve conflict. The vindication of rights played a central role in securing a successful resolution of the conflict in South Africa, and was given concrete expression at a very early stage when a joint working group was established to examine human rights issues. While it would be simplistic to ascribe the relative success of the South African process to the importance attached to human rights, it is equally clear that the consequent sense of security for the individual, alongside real signs of change, impacted positively on the transitional political landscape. an approach would ensure that, at difficult times like those we are passing through now, the rights agenda would continue to provide tangible evidence that change is possible.

Such

At key stages of the Northern Irish peace process United States involvement has played a vital role. President Clinton's close personal interest in the Northern Irish situation, and the impressive work done by Senator Mitchell, have been particularly important and welcome. A more targeted US focus on making human rights a prime element in the peace agenda would now be particularly opportune. The new Labour government has given strong public expression to its commitment to human rights in its international relations. With regard to Northern Ireland, Dr. Mo Mowlam, the new Secretary of State, said during her recent visit to the United States, that the government's approach would be based on justice and fairness. These early signals provide

important and encouraging signs of hope.

It is important, however, that the international community undertake to do whatever it can to support and build upon these first tentative signs of hope. Moving from conflict to lasting peace is both slow and often painful. Certainly this has proved to be so in Northern Ireland. There are no "quick fixes" or easy solutions, and there will be many setbacks. International concern to keep the process on track, to help the protagonists resist any temptation to test rather than to build the peace, and to support positive progress, can be vital.

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