10 Years of Community Relations Week: no more them and us

Northern Ireland Human Rights Chief Commissioner Professor Michael O’ Flaherty’s speech to the Community Relations Conference:
Chairperson’ colleagues.
Thank you for the invitation to participate in this morning’s panel. At the outset’ also’ I congratulate the winners of the Community Relations Awards.
Twice in my life I have lived for an extended period in societies afflicted by war and armed conflict. I was in Bosnia-Herzegovina for much of the years from 1993 to 1997. From 1998 to 2000 I lived in Sierra Leone. In both of those countries I led the United Nations’ human rights programmes in the various phases of the conflicts: during the period of fighting’ through the peace negotiations and during the peace implementation efforts. That experience has convinced me beyond a doubt of the critical importance of ensuring attention to human rights for the resolution of conflict and the restoring or establishing of good community relations. I might add that my own conviction no more than reflects the growing perception worldwide – something that has repeatedly been re-affirmed by the UN’s Peace-building Commission.
What does that mean in practice? Of the many dimensions I will concentrate on just three this morning.
The first of these has to do with how a human rights approach gives a clear sense of purpose to the building of community relations. It sets out a vision that builds on the essential dignity of the human person. In so doing it values diversity not just as something to be tolerated but as a treasure for society. Just as importantly’ the human rights approach ensures that we never lose sight of the most vulnerable of our people – in other words’ community relations work is only as good as its ability to engage with the most marginalised in society.
Second’ human rights provides an impressive normative or regulatory framework for community relations. Over the years since the Second World War’ the international community has adopted an impressive array of human rights treaties that put practical substance on the lofty goal of honouring human dignity. Sector by sector the treaties show what minimum action is needed. The level of detailed guidance means that we can also be held accountable for our actions and we can hold to account all the wielders of power and authority.
The third value of following a human rights approach to post-conflict community building is the way in which it reminds us of the need to put in place strong institutional arrangements that are committed to uphold and promote those very rights. International experience has pointed to the need for temporary institutions’ such as transitional justice tribunals and commissions’ as well as permanent bodies like human rights commissions. It also calls for root and branches reform of the police and other State Agencies.
Since I arrived in Northern Ireland 8 months ago I have been reflecting on how the experience here tallies with all of this – on the extent to which human rights is at the heart of the peace process and the building of strong communities. I have found much that is impressive but also a lot that is disappointing and even perplexing.
Let’s first take the impressive – we can point to notable achievements across all three of my aspects – vision’ regulatory framework and institutions.
On vision we need look no further than the Belfast Good Friday Agreement and the St Andrews Agreement for sturdy commitments to human rights. These foundational documents make clear that human rights are a core set of values for this society. Beyond paper I also see many other reflections of a powerful rights-based vision. Yesterday I again crossed the peace bridge in Derry – I can think of few more tangible expressions of a determination to build a strong inclusive society – an expression that is both symbolic and intensely practical.
Turning to the normative or regulatory framework. Here to there is much to applaud. In the first place’ we are fortunate to live in a country that has ratified so many of the great international human rights treaties – this is a record of which the UK can be proud. Also at the closer level of national law there are some impressive provisions in place. I find’ for instance’ that Section 75 of the Northern Ireland Act is astonishing and on a daily basis I see its impact for the promotion of equality and fairness in Northern Ireland – here there is a genuine best practice that needs to be better known internationally.
There have been some impressive institution building achievements as well. The Human Rights and Equality Commissions have been given sturdy mandates and have good records of achievement – albeit they are not always appreciated. Existing institutions have also taken strides to ensure human rights compliance. Above all’ the PSNI deserves considerable credit for putting in place so strong a corporate human rights culture. And there is one other institution that bears mentioning – that is the institution that we call civil society – the array of voluntary groups that work on human rights. This NGO sector is astonishingly vibrant in Northern Ireland and its role in helping mould a fair and just society is immense – certainly well beyond that in typical Western European democracies. This is a something to be cherished.
Time is short and I would do a poor job this morning if I just delivered words of praise. I need now to touch on some of the gaps and the failings. Again’ out of a long list I will draw just a few that seem to speak most directly to this meeting.
I suggest that one of the most glaring gaps in the delivery of a human rights based approach to community relations is the failure to deal comprehensively with the past – as the technical term puts it – to do ‘tranistional justice’. Northern Ireland piecemeal engagement with its recent history is a cause of serious worry and it perpetuates disturbing patterns of injustice. Take two dimensions by way of example:
In the first place there is the situation of victims of violence – be they relatives of the dead’ those who have been injured and the many more who have been so deeply traumatised. I spend a lot of time travelling around Northern Ireland meeting with groups and I repeatedly hear people speak of abandonment’ of being disregarded – even discarded - or being delivered broken promises. I have meet old women who despair of hearing the truth about the death of a loved one before they too go to the grave. This has got to be addressed.
There is another group of people who seem largely to be disregarded – they may not be the most vulnerable of people but they are certainly marginalised – I speak of former combatants. Today’ internationally’ an integral part of any peace process is the delivery of a DDR programme – disarmament’ demobilisation and reintegration. I suggest to you that here we have had the ‘DD’’ but we await a full programme of ‘R’. For instance’ we are perpetuating injustice’ violating human rights and destabilising communities when we block former combatants from many forms of employment on the basis of a criminal record.
The final gap that I will refer to is very well known to all of you – the failure’ as of yet’ to have put in place a finalised strategy for cohesion’ sharing and integration. The Human Rights Commission has been very critical of previous drafts of the strategy – in particular it has criticised the failure to integrate attention to the relevant binding human rights treaty obligations of the UK. We very much hope that the finalised strategy that has been promised to us under the Programme for Government will rectify this glaring omission. We also expect that the Executive will take due account of the recommendations that have been delivered to it by the relevant international monitoring bodies. For instance and most recently’ the UN Committee on the Elimination of Racial Discrimination recommended that the UK tackle sectarianism as a form of racism. This is an important proposal – we just have to think of how society has combated racism in recent decades to appreciate how the approach might deliver so very much when focussed on the scourge of sectarianism.
Chair and colleagues’
In concluding my brief contribution this morning let me assure you of the firm commitment of the Human Rights Commission to work with you for strong community relations and the bridging of divides. We are confident that this work’ to the extent that it is based on human rights’ will transform our society.
Thank you.