Brexit has revived past issues about human rights before the signage of the Belfast Agreement (1998). Indeed, the United Kingdom (UK) has been sued in front of the European Court of Human Rights (ECHR) for human rights violations over the years. This has led some scholars, such as Donald Jackson, to depict the UK as the ‘most frequent violator’ of human rights regarding the people of Northern Ireland, especially regarding the lack of a speedy trial.Next to these legal proceedings in front of the Strasbourg Court, there have been several issues of due process violations by the UK government and the humanitarian crisis due to terrorism associated with the conflict with Northern Ireland.
Written by Robert L. Pope, PhD Candidate at Liberty University, in Lynchburg, Virginia, USA.
Brexit has revived past issues about human rights before the signage of the Belfast Agreement (1998). Indeed, the United Kingdom (UK) has been sued in front of the European Court of Human Rights (ECHR) for human rights violations over the years. This has led some scholars, such as Donald Jackson, to depict the UK as the ‘most frequent violator’ of human rights regarding the people of Northern Ireland, especially regarding the lack of a speedy trial.[i]
Next to these legal proceedings in front of the Strasbourg Court, there have been several issues of due process violations by the UK government and the humanitarian crisis due to terrorism associated with the conflict with Northern Ireland.[ii] Dubbed “The Troubles,” it was a conflict between the UK Government and the Irish Republican Army (IRA) that saw bombings, shootings, and other violence in Northern Ireland during British rule until the separation of Northern Ireland from the Republic of Ireland in 1921.[iii] The IRA became dormant after the separation.[iv] However, after years of abuse and civil rights violations of the Catholic minority of Northern Ireland, according to Lynn Wartchow, the IRA was reborn. During “The Troubles,” one of the worst acts of violence occurred during “Bloody Sunday” in 1972, when the British military murdered thirteen Irish demonstrators.[v] An investigation into the actions of the soldiers involved later acquitted them. Also, during that period, from 1922 to 1990, the UK Government established houses for young women who became pregnant outside of marriage and subjected them to forced adoption of their children and other abuses.[vi] After that, violence on both sides continued until the Belfast Agreement was signed by Sinn Fein, the IRA’s political wing.[vii]
Eventually, an Independent Commission on Policing for Northern Ireland and other organizations related to the Belfast Agreement were created and eased tensions between the government of the UK and Northern Ireland; however, the UK has not made tensions smooth in recent years, even before Brexit. In 2015, then-Home Secretary and future Prime Minister Theresa May called for then-Prime Minister David Cameron to withdraw from the European Convention of Human Rights, arguing that "it prevented the United Kingdom from deporting a dangerous terrorist out of the country."[viii] These fears were amplified with Brexit when the European Commission enforced the European Convention on Human Rights as a part of the Belfast Agreement. Subsequently, Brexit pulled the UK from under the European Commission's authority and caused legitimate anxiety regarding the likely return to human rights abuses in Northern Ireland. In July of 2021, the UK Government announced plans to address the legacy of the conflicts of “The Troubles” in Northern Ireland. Soon after that, the UK Government instituted a statute of limitations on criminal or civil Troubles-related violations that would essentially give a blanket pardon for the abuses that occurred during that period.[ix] Further, as the Council of Europe argues, the new bills coming out of the UK Parliament raise legitimate issues not only as the Northern Ireland Bill limits to the point of immunity as the Council of Europe argues, but also raise serious questions regarding their backsliding on human rights protections.[x]
Brexit and Irish Reunification
Because of the UK’s past human rights violations regarding the people of Northern Ireland and the fact that it has blatantly granted amnesty to former UK government officials for human rights violations by creating a statute of limitations to block legal action against them, be criminal or civil; some people have begun to believe that Northern Ireland stands to gain more from reuniting with the Republic of Ireland than staying in the UK. One theory is that a united Ireland will become a reality in the next twenty-five years, with some scholars suggesting that reunification could occur in the shorter term. According to Mary Murphy and Jonathan Evershed (2021), Northern Ireland will move towards reunification much sooner.[xi] Scholes argues that to protect the Irish's language rights of the Irish; and human rights in general, it may be necessary for Irish Nationalism to take root in Northern Ireland. This will require the Irish to forge their path without the United Kingdom. Setting the sun on the empire of the United Kingdom, as Scholes further states in the title of her work. As Sinn Fein takes hold of the First Minister position, most Irish people may agree with her. It is also likely a poll on the recent reforms by the UK Government.
Political parties in Northern Ireland, however, are divided, as usual, regarding the issue. Many pro-Union supporters currently appear to be silent due to controversies regarding the UK government circumventing the Withdrawal Agreement. The "Neithers,” who are the voters that are neither for or against Irish Reunification, are currently the fastest-growing portion of the population, according to Murphy and Evershed; however, they are now leaning towards reunification.[xii] Sinn Fein looks to appeal to the people on the “Neithers” side of the argument, seeking to gain a more formidable presence. Fine Gael (center-right) and Fianna Fail (conservative) are moving towards a "shared island" policy, essentially a precursor to a united Ireland. Alliance, a centrist party both pro-EU and neutral in the UK, has gained followers among younger protestants.[xiii] In a poll conducted by Al Jazeera, 47% of Northern Ireland favor remaining in the UK, while 42% of Northern Ireland favor Irish reunification, with the most critical 11% remaining undecided.[xiv] Brendan O'Leary concurred with the poll and argues that the 11% would prove crucial in the next elections in 2022.[xv]
Recently, after the elections in Northern Ireland in May of 2022, Sinn Fein won twenty-seven seats in the Northern Irish Parliament and, for the first time in the history of Northern Ireland, took the First Minister position, confirming O’Leary’s statement. As of May 2022, Irish Unification has seen an uptick in support.[xvi] Irish Reunification may have been taken off the table under the Sinn Fein platform, but as of May 7th, the Leader of Sinn Fein has called for a border poll for unification.[xvii] It has made unification more prevalent in Northern Ireland, which in combination with the election of a Sinn Fein First Minister, Northern Ireland will likely hold a poll, as O’Leary mentioned, in the coming 10 years.[xviii] [xix] As a result, this will make EU relations with the United Kingdom more challenging during the next ten years.
Conclusion
The potential exit of Northern Ireland due to Brexit and past human rights violations and the notion to protect those human rights as Scholes argues from the UK government will possibly cause the relationship between the EU and UK to become tenser over the next ten years.[xx] Battles over competition and trade, and immigration will occupy a sizeable portion of the discourse between the UK and the EU discourse between now and 2031. In the future, the next debate concerning the EU and UK could be the Common Travel Agreement.[xxi] The agreement allows the citizens of Ireland (EU citizens) to travel into the UK without a visa, sparking a debate on allowing all EU citizens into the UK without a Visa or none at all, pushing the UK further away from a partnership with the EU and isolating it from the rest of the European Community.
Works Cited
Casey, Ruairi. 2021. “In Northern Ireland, a 'Shift in Enthusiasm' for Irish Unity.” Brexit News | Al Jazeera. Al Jazeera. March 9. https://www.aljazeera.com/news/2021/3/9/irish-reunification-debate-looms-large-as-ni-nears-centenary.
“Common Travel Area Between Ireland and The United Kingdom.” Common Travel Area between Ireland and the United Kingdom. Citizens information.ie, n.d. Accessed October 18, 2021. https://www.citizensinformation.ie/en/government_in_ireland/ireland_and_the_uk/common_travel_area_between_ireland_and_the_uk.html.
Coniam, Morwenna. “Protocol Gains Favor in Northern Ireland as Support for Unity Grows.” Bloomberg.com. Bloomberg, May 25, 2022. Last modified May 25, 2022. Accessed July 11, 2022. https://www.bloomberg.com/news/articles/2022-05-25/protocol-gains-favor-in-n-ireland-as-support-for-unity-grows.
Council of Europe. “United Kingdom: Backsliding on Human Rights Must Be Prevented.” Commissioner for Human Rights. Council of Europe, July 6, 2022. Last modified July 6, 2022. Accessed July 23, 2022. https://www.coe.int/en/web/commissioner/-/united-kingdom-backsliding-on-human-rights-must-be-prevented.
Duggan, J. (2020, February 7). Irish unity: Could reunification happen? Time. Retrieved May 4, 2022, from https://time.com/5779707/irish-reunification-likelihood/ Image: Getty Photos
Jackson, Donald Wilson. 1997. Essay. In The United Kingdom Confronts the European Convention on Human Rights. University Press of Florida.
Murphy, Mary C., and Jonathan Evershed. 2021. “Contesting Sovereignty and Borders: Northern Ireland, Devolution and the Union.” Territory, Politics, Governance, 1–17. doi:10.1080/21622671.2021.1892518.
"NI 100: Majority Believes Ni Will Leave UK within 25 Years." 2021. BBC News. BBC. Accessed October 18. https://www.bbc.com/news/uk-northern-ireland-56777985.amp?s=09.
O'Leary, Brendan. 2021. “Getting Ready: The Need to Prepare for a Referendum on ...” JSTOR. Irish Studies in International Affairs. Accessed October 18. https://www.jstor.org/stable/10.3318/isia.2021.32b.1.
Press, The Associated. “Sinn Fein Celebrates a Historic Election Win in Northern Ireland.” NPR. NPR, May 7, 2022. Last modified May 7, 2022. Accessed June 23, 2022. https://www.npr.org/2022/05/07/1097417453/sinn-fein-wins-assembly-election-northern-ireland.
“Reporting - Conference on the Future of Europe.” Reporting - Conference on the Future of Europe. European Union, May 2022. Last modified May 2022. Accessed June 16, 2022. https://futureu.europa.eu/pages/reporting?format=html&locale=en.
Scholes, Juliet M. “Setting the Sun on Empire: How Nationalism in the North of Ireland Could Protect Human Rights .” Scholarship.shu.edu. Seton Hall, 2022. Last modified 2022. Accessed July 11, 2022. https://scholarship.shu.edu/cgi/viewcontent.cgi?article=2265&context=student_scholarship.
"Theresa May: UK. Should Quit European Convention on Human Rights." 2016. BBC News. BBC. April 25. https://www.bbc.co.uk/news/uk-politics-eu-referendum-36128318.
“United Kingdom Archives.” Amnesty International. Amnesty International, n.d. Accessed June 23, 2022. https://www.amnesty.org/en/location/europe-and-central-asia/united-kingdom/report-united-kingdom/.
[i] Jackson, Donald Wilson. 1997. Essay. In The United Kingdom Confronts the European Convention on Human Rights. University Press of Florida.
[ii] Symington, Matthew. 2021. "Violence in Northern Ireland Sparks Fears of a return to the Troubles." NewsBreak. NewsBreak. April 21.
[iii] Wartchow, Lynn. “Scholarly Commons: Northwestern Pritzker School of Law.” Scholarly Commons. Northwestern Journal of International Human Rights, n.d. Accessed June 23, 2022.
[iv] Ibid
[v] Ibid
[vi] “United Kingdom Archives.” Amnesty International. Amnesty International, n.d. Accessed June 23, 2022.
[vii] Wartchow, Lynn. “Scholarly Commons: Northwestern Pritzker School of Law.” Scholarly Commons. Northwestern Journal of International Human Rights, n.d. Accessed June 23, 2022.
[viii] “Theresa May: UK. Should Quit European Convention on Human Rights." 2016. BBC News. BBC. April 25.
[ix] “United Kingdom Archives.” Amnesty International. Amnesty International, n.d. Accessed June 23, 2022.
[x] Council of Europe. “United Kingdom: Backsliding on Human Rights Must Be Prevented.” Commissioner for Human Rights. Council of Europe, July 6, 2022. Last modified July 6, 2022. Accessed July 23, 2022. https://www.coe.int/en/web/commissioner/-/united-kingdom-backsliding-on-human-rights-must-be-prevented.
[xi] Murphy, Mary C., and Jonathan Evershed. “Contesting Sovereignty and Borders: Northern Ireland, Devolution and the Union.” Territory, Politics, Governance (2021): 1–17.
[xii] Ibid
[xiii] Ibid
[xiv] Casey, Ruairi. 2021. “In Northern Ireland, a 'Shift in Enthusiasm' for Irish Unity.” Brexit News | Al Jazeera. Al Jazeera. March 9.
[xv] Ibid
[xvi] Coniam, Morwenna. “Protocol Gains Favor in Northern Ireland as Support for Unity Grows.” Bloomberg.com. Bloomberg, May 25, 2022. Last modified May 25, 2022. Accessed July 11, 2022..
[xvii] Ibid
[xviii] O'Leary, Brendan. 2021. “Getting Ready: The Need to Prepare for a Referendum on ...” JSTOR. Irish Studies in International Affairs. Accessed October 18.
[xix] Scholes, Juliet M. “Setting the Sun on Empire: How Nationalism in the North of Ireland Could Protect Human Rights .” Scholarship.shu.edu. Seton Hall, 2022. Last modified 2022. Accessed July 11, 2022.
[xx] Ibid
[xxi] “Common Travel Area Between Ireland and The United Kingdom.” Common Travel Area between Ireland and the United Kingdom. Citizensinformation.ie, n.d. Accessed October 18, 2021..