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Despite invitations from the subcommittee, the U.S. Department of State was noticeably absent from the hearing.
In August, Smith conducted a five-day fact-finding and human rights mission to Northern Ireland, where he met with community groups and individuals on all sides of the conflict. Smith had positive, informative encounters with, among others, Northern Ireland Secretary of State Mo Mowlam, Ben Cooper of the Fair Employment Commission, and political leaders ranging from Sinn Fein to the Progressive Unionist Party. His most disappointing sessions were with Royal Ulster Constabulary Chief Ronnie Flanagan and Lord Chief Justice Sir Robert Carswell, the heads of two departments --- police and judiciary, respectively --- which have been criticized by human rights groups worldwide. Smith found that "both men remained in a state of denial, refusing to admit that human rights abuses take place in their agencies." As a result, he concluded "reforms in these departments will have to come from external pressure and sources."
Buoyed by the success of his hearing and visit to Northern Ireland, Smith drafted a Congressional resolution regarding Northern Ireland human rights and introduced it as House Congressional Resolution 152 ("resolution") on September 17, 1997, at which time it was referred to the House Committee on International Relations. Smith's initial resolution was an extremely thoughtful, accurate, and incisive appraisal regarding human rights abuses that have occurred during the Troubles and what steps need to be taken by the British government to address them. The resolution spoke for 42 paragraphs about the misrule of emergency legislation (including the Diplock court system), the employment disparity between Catholics and Protestants, the lack of independent investigations to address security force abuses, the general denial of human rights, and the historic opportunity for ameliorating these conditions as part of the peace process. Some of its more important recommendations were:
On October 8, the resolution was referred to the Subcommittee on International Operations and Human Rights.
On October 9, the Subcommittee on International Operations and Human Rights, again chaired by Smith, conducted a further hearing on the human rights conditions in Northern Ireland. The list of invited speakers included representatives from Amnesty International, Human Rights Watch, the Lawyers Committee for Human Rights, the Committee on the Administration of Justice, and British Irish Rights Watch. The topics covered some of the same issues addressed at the previous hearing, as well as the need for a bill of rights in Northern Ireland and the need for the British government to assume central responsibility for protecting rights and maintaining the rule of law. Once again, despite prior invitation, the State Department was absent from the hearing. Additionally, the State Department never formally responded to the House's request for its position on the resolution.
On October 31, a House International Relations Committee consideration and mark-up session was held, after which the Committee agreed to seek consideration under suspension of the rules. The resolution was amended and passed that day. By this time, the resolution was confined to 31 paragraphs, and a few key phrases and contents had been deleted, including:
Overall, however, Smith's resolution was still a cogent, critical appraisal of Northern Ireland's human rights conditions, and certainly a document that any human rights organization would be proud to claim as its own.
On November 13, Smith officially submitted his resolution, as amended, on the House floor.
As a result, after lengthy deliberations, the substitute version of the resolution that was introduced and discussed in the House floor on March 17, 1998, and voted on on the following day was a shell of its former self. Gutted to a mere ten paragraphs, the resolution was bereft of critical commentary concerning three decades' worth of human rights abuses, and key passages were stricken. Among the stricken passages were all references to:
In essence, the resolution was stripped to its barest components: condemnation of the violence committed by all sides in the conflict, commendation for the leadership involved in facilitating the peace talks, and mention of the need for the state's obligation to protect human rights in all circumstances and the need to act on (unspecified) recommendations put forth by assorted human rights organizations. If there is such a thing as "politically correct" language regarding Northern Ireland, it was featured in the final version of the resolution.
After introducing the resolution, and having it supported by speeches from Reps. Davis, Engel, Gilman, Kennelly, Lazio, Manton, McCarthy, Menendez, and Payne (many of whom criticized the conditions mentioned in the resolution's stricken passages), Smith gained successful passage by a vote of 407-2. The lone nay votes belonged to Reps. Houghton (R-NY) and Paul (R-TX). The resolution's passage garnered media attention on both sides of the Atlantic and put Congress on record regarding the importance of adequate human rights protection to the overall prospects for peace in Northern Ireland.
Northern Ireland Alert commends Smith for his efforts in conducting last year's hearings, coupled with his sensitivity to Northern Ireland's human rights concerns and his ability to procure support for his resolution from 407 Congressional members, many of whom have not always demonstrated interest in, or understanding about, Irish affairs. Northern Ireland Alert is deeply concerned, however, with the obstruction he faced from the State Department, and members of both parties, over recounting Northern Ireland's deeply troubled human rights history and expressing the need for immediate reform thereof. It is our position that human rights are fundamental and not subject to compromise --- and they certainly should not be considered as bargaining chips or negotiating tactics, either at peace talks, in the future Northern Ireland assembly, or on the floor of the United States Congress.
On June 24, 1997, the House Subcommittee on International Operations and Human Rights held a Congressional hearing on the current human rights conditions in Northern Ireland. The hearing, the first of its kind in the House, was attended by a bipartisan group of representatives and chaired by Rep. Chris Smith (R-NJ). Representatives from Amnesty International, Human Rights Watch, the Lawyers Committee for Human Rights, the Committee on the Administration of Justice, and other assorted human rights groups were invited to testify. These and other organizations, comprising a panel of American and international human rights experts, as well as victims and relatives of victims, provided compelling testimony about human rights abuses, the disregard for the rule of law, and the personal tragedies people in Northern Ireland have endured. The witnesses welcomed the interest and support of the United States government and affirmed that American standards and ideals are critical to the success of the peace process.
During this process of amendment, stretching from September through November, Smith's office was engaged in a series of behind-the-scenes dilemmas and decisions. Based on Smith's personal involvement in chairing the hearings and visiting Northern Ireland, there was no doubt that he understood the current human rights situation in Northern Ireland as espoused in his September version of the resolution. Then the Washington political world intruded. Smith tested the Congressional and diplomatic waters both prior to and during the mark-up session to see if he could get his original version passed by unanimous consent; he found that was not possible. After consulting with ranking House members, the State Department, and the British government via their Washington embassy, Smith encountered concern over two key areas:
As of early November, Smith's resolution still had considerable teeth. Over the next few months, though, it lost its bite. As additional Congresspersons began to sponsor the resolution and it moved up the Congressional ladder, opposition to its contents became more vociferous from the aforementioned sources. Smith was then reduced to two stark options: refuse to modify the resolution and thereby guarantee its legislative death, or extremely modify the resolution and work for its passage, which would at least assure some extensive House debate and media attention about Northern Ireland's human rights conditions. Smith chose the later course.
For a complete listing of the Northern Ireland Alert's Congressional Ratings, go HERE.
All of this brought Smith's resolution to the "is the shot glass half-full or half-empty?" scenario. On the plus side, the resolution's earlier, acute analysis of the human rights conditions in Northern Ireland and their remedies had been eliminated, rendered supine to the interests of the State Department, the British government, and leading Congressional members on Capitol Hill. On the minus side, however, Smith was able to stick with a tenable form of the resolution and push it to a floor vote on March 18.
Efforts to introduce a Senate version of Smith's resolution are currently in progress. Once adopted by the Senate, the resolution will be sent to the President for his signature.
For more indepth coverage of this story, please go to to the G21 IRISH COFFEE page, and check the publications listed in our RESOURCES section.
DAN VANDEMORTEL is Editor of Northern Ireland Alert! and a member of the Morrison & Foerster LLP defence team for Kevin Artt. Dan's last feature for the G21 was on his recent visit to Belfast as part of the Artt defence effort.
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