Grand Orange Lodge of Ireland
  Orange Standard

Human Rights Denied

Article 1 ~ May 2002

The Northern Ireland Human Rights Commission is anti-Unionist in composition and outlook, various speakers at a Belfast conference organized by the Grand Orange Lodge of Ireland last month asserted.

The conference at Schomberg House Orange headquarters which was attended by the chairman of the Human Rights Commission Professor Brice Dickson, heard a long catalogue of charges made against this Government-appointed-quango over its overt nationalist bias.

Opening the human rights conference, the Orange Grand Master of Ireland Bro. Robert Saulters said it was natural that the Orange Order would be involved in the debate on human rights, not only as the largest social provider in the Protestant community, but because of the Institution’s commitment to civil liberties.

“Historically, the Orange Institution looks back to the Bill of Rights of 1689 in the reign of King William III which takes its place alongside other great charters of British liberties such as Magna Carta and the Charter of King Edward 1 in 1297,” said the Grand Master.

Professor Anthony Alcock, from the University of Ulster, who chaired the conference, said there was a clear perception that the Human Rights Commission in Northern Ireland was overwhelmingly anti-Unionist in thought, word and deed.

The question for the Unionist community and even more for the Northern Ireland Human Rights Commission, he said, is how this is addressed?

Mr. Austen Morgan, a London-based barrister who has published various papers on human rights legislation, gave a highly critical indictment of the role of the Northern Ireland Human Rights Commission, particularly in relation to the rights of Unionists.

Mr. Morgan said that since March 1, 1999, the conduct of the Northern Ireland Human Rights Commission has been marked by the following:

  • Anti-Unionism from the chief human rights commissioner, Professor Brice Dickson, in a U.K. practitioners’ textbook (written in February 1999 after his appointment).

  • The exclusion of Unionists from the NIHRC by Secretary of State Mo Mowlam, even though minister Paul Murphy had promised Parliament that the broad Unionist community and the broad nationalist community would be represented.

  • The effective handing over of the NIHRC to the Committee for Administration of Justice.

  • Interest only in state violations of human rights, to the almost total exclusion of human rights abuses by non-state actors, principally republican and loyalist terrorists.

  • Selective campaigning for Patrick Finucane and Rosemary Nelson inquiries, rather than for all lawyers and judges killed by paramilitaries.

  • A naïve but arrogant human rights internationalism, which makes an imperative of all-Ireland activity, but not co-operation within the United Kingdom and with other states in the European Union and Council of Europe.

  • Opposition to the further partial bringing into force of the Human Rights Act 1998 in Northern Ireland in the spring of 2000, when the U.K. government suggested this might help resolve disputes about parades.

  • The employment of women only, contrary to Northern Ireland’s anti-discrimination and equality of opportunity laws.

  • Favouritism towards the human rights community (civil society?), Northern Ireland’s new nomenclatura, and exclusion of non members from its work, contrary to law.

  • Legal intervention on behalf of two nationalist QCs who refused to make a declaration to serve the Queen as a client though they had applied for such offices under the Crown.

  • Legal intervention on behalf of the Garvaghy Road, Portadown, residents over Parades Commission appointments.

  • Effective lock-out from the courts of Northern Ireland as a third-party intervener after a number of reckless interventions, such interventions held to be ultra vires by Sir Robert Carswell LCJ, after the NIHRC was refused permission to intervene in the Omagh inquest.

  • Unsuccessful attempt to stop the BBC Panorama programme on the Real I.R.A. bombing of Omagh in 1998 through an application for an injunction contrary to the wishes of the relatives of those killed.

  • Enthusiastic support for institutionalised religious discrimination, as recommended in the Patten Report on policing, contrary to equality and human rights law.

  • Support for the continuing 1976 exclusion of teachers from Northern Ireland’s fair employment legislation, despite likely Protestant disadvantage.

  • Intervention of a NIHRC member to secure pro-clerical changes to Europe anti-discrimination law.

  • A proposal to the U.K. Government that the NIHRC should be given powers to: “enter and search premises”; and to require people “to attend before the Commission to answer fully and truthfully any question put to him or her by the Commission”.

Mr. Morgan said he had already proposed that the Northern Ireland Assembly should constitute its own human rights committee, on analogy with the one at Westminster.

Professor Brice Dickson refuted the charges made against his organization, but he urged Unionists to assert their rights in a way they had not done in the past.

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