The press is talking about these conditions:

1. The suspension of Civil Rights under the notorious Special Powers Act. 2. The cancellation of all local elections.

3. Internment without charge or trial.

4. The exclusion of Catholics from government positions and the Judiciary. 5. Election laws which give businessmen, not one, but six votes for each busiess they own. Some have thirty votes. Legislatures they voted into office control Horthern Ireland today.

[A publication of the American Congress for Irish Freedom, New York, N.Y.]

HOW GREAT BRITAIN AIDS HANOI

1. Why is Britain maintaining the Communist supply line in the war in Vietnam? 2. Why is Britain loading the enemies' guns in Vietnam?

3. Why British aide to the North Vietnamese enables the reds to continue the war. 4. Why British aide has nullified the Paris peace talks and prolonged the war.

HERE ARE THE FACTS:

Britain maintains the enemies' supply line.--North Vietnamese forces rely on maments made in Russia or Red China. British flagships, under the control of e British government, transport these armaments from ports in Red China into Caiphong and other North Vietnamese ports. Britain furnishes the ships, and, many instances, the crews. Without this supply line, the North Vietnamese ould not carry on the war. Britain has ignored the protests of Presidents Johnson and Nixon. Thousands of American G.I.'s have died needlessly as a direct result Britain's actions.

About 450 times a year, approximately 100 British flagships enter North Vietnamese orts.-They make up about 50 percent of the enemies' supply line. This has been ing on approximately six years. They carry missiles, rockets, mortars, artillery, mmunition, as well as oil, food and other war supplies. The Ho Chi Minh Trail, avorite target of the United States Air Force, is choking with armaments unloaded om British ships.

Forty-five thousand American G.I.'s have been killed and 300,000 have been wounded Vietnam as of January, 1971. At least one-half of these fell victims to mortars, ockets, missiles or other armaments brought into Vietnam by Britain.-The British overnment refuses to alter its position and has ignored the protests of the merican government. Trade with the Reds helps to support the faltering English ound! Here is what U.S. officials say about British aide.-"Secretary Laird has asked me o reply to your telegram of March 11, 1969, in which you express concern regardg shipments in British flagships. The Department of Defense shares your oncern." (U.S. Defense Department letter of April 24, 1969.)

"It is generally known that these ships carry not only oil but military hardware s well. It is equally evident that without this source of supply, Ho Chi Minh ould be unable to maintain the present level of aggression against us and our lies in South Vietnam. Yet we continue to just watch this trade and collect catistics, while at the same time sending more and more boys into South Vietnam o be wounded and killed as they do their best to resist an enemy who has been well armed with supplies delivered by sea." Congressman Charles Chamberlain Congressional Record, Sept. 29, 1966).

The British government has complete control over any ship flying the British flag nder International Maritime Law, as well as the Geneva Convention of the High ea Act of 1958. The Convention provides: "Ships have the nationality of the tate whose flag they are entitled to fly. There must exist a genuine link between he State and the ship; in particular, the State must effectively exercise its risdiction and control-over ships flying its flag." It is noteworthy that Britain as barred the same British flagships engaged in North Vietnamese trade, from ading with Rhodesia.

Whether one approves of the American presence in Vietnam or not, no American an condone Britain's aide to the enemy and the resultant loss of American lives. While the War continues, our G.I.'s deserve our support. You can help to end the laughter of American soldiers. Write the President and Congress. Have your rganizations do the same. The pressure of public opinion can end Britain's lliance with the enemy and save American lives.

[Reprint from the Review of the International Commission of Jurists, Geneva, June 1969)

HUMAN RIGHTS IN NORTHERN IRELAND

A depressing factor in recent times has been the regression of human rights and of the application of the Rule of Law in different parts of Europe. In Portugal and Spain the situation has long been deplorable; for nearly two years human rights have been virtually abrogated in Greece and, despite some marked liberalisation in Eastern Europe, events in Czechoslovakia have set the clock back both in that country and in many other areas of Eastern Europe. It is to be regretted that Northern Ireland has also to be added to this depressing list of European areas wherein the protection of human rights is inadequately assured. This is all the more unfortunate as elsewhere in the United Kingdom there is due respect for human rights; the good reputation of the UK is thus vicariously damaged.

SECTARIAN POLICIES

It is true that the problems in Northern Ireland are not new; they may be said to have existed ever since the partition of Ireland in the early 1920s. However, recent protests and acts of police brutality in the area, together with the obviou sectarian policies of successive Northern Ireland Governments, have highlighted the issues. Public outcry and world opinion have led to discussions between the Government of the Province and the Government of the United Kingdom, which exercises sovereignty over the area, and to the initiation of some reform programmes.

1

Two main areas of concern arise: from discrimination based on religious and political grounds and the provisions of the notorious Civil Authorities (Specia Po ers) Act of 1922. In Northern Ireland historical factors have rendered political and religious differences nearly synonymous. Over sixty per cent of the population favour unity with Britain and are usually Protestant; and the remainder of the population who are Catholic mostly favour unity with the Republic of Ireland This is only a rough approximation; some Protestants are opposed to the present regime and some Catholics support it. The political-religious discrimination al has economic overtones; the Catholic minority is for the most part underprivileged economically.

3

The rate of growth of the Catholic population is higher than that of the Protestant section of the population; accordingly, through the efflux of time, the Catholic population could become the majority. This basic factor accounts for much of the political and economic discrimination which has been systematically and ruthlessly exercised by the Belfast Government since the 1920s. Discriminstion in housing and in employment has been utilised in order to weaken econom:cally the Catholic minority and thus to preclude Catholics from acquiring property rights and to induce emigration.

ONE MAN-ONE VOTE

There are three separate electoral registers maintained. One for elections to the British Parliament in London where twelve members from Northern Ireland sit one for electors to the Northern Ireland Parliament and one for Local Government elections. While there are some slight differences in regard to the 'residence qualifications between the British Electoral Laws and those of Northern Ireland applicable to elections to the United Kingdom Parliament at Westminster, these differences are not highly significant. The One Man One Vote' principle, however is breached when it comes to the register of voters for elections to the Norther Ireland Parliament at Belfast and the register of voters for Local Government elections. There is a different register of electors entitled to vote in elections to the Northern Ireland Parliament; this register includes voters who, in addition to their one vote, are given additional votes by reason of property or university qualifications. In 1968 there were some 25,000 more voters on the register for the

1 The political unit of 'Northern Ireland' consists of 6 of the 9 counties of the Province of Ulster, one of the four provinces of Ireland. It has a Parliament and a Government with limited powers, subordinate to t control of the Parliament of the United Kingdom at Westminster. Financially, it is heavily subsidised the British Government.

2 The population of Ireland as a whole is 4,368,777. Of this total population 2,884,002 are in the Rept. of Ireland and 1,484,775 are in Northern Ireland. The area of the Republic is 70,280 km.2; that of Northers Ireland is 14,146 km.2.

3 The birth rate in Northern Ireland at 22.4 per 1,000 is much higher than that of England and Wales which is 17.2 per 1,000. While no statistical breakdown is available showing the birth rate on denominational in it is probable that the birth rate among the Roman Catholic population is high.

Worthern Ireland Parliament than for the Westminster Parliament; this represents he extent of the plural voting in elections to the Belfast Parliament.

The real gravamen of the complaint of the Catholic minority is in regard to the ocal Government elections and administration. "The Campaign for Social ustice in Northern Ireland' claims that there are still a quarter of a million eople, out of a total electorate of less than one million, who do not have a vote nd that, among those who are privileged to be electors, many have the right to more than one vote.

In Local Government elections, voting rights depend on property qualifications, nd the great majority of adults disenfranchised in this manner are Catholic. Even in areas where there is a majority of Catholic voters, the electoral areas are designed as to produce a disporportionate balance by grouping large numbers of Catholics into some electoral units to enable other electoral areas to have Protesant majorities. This is known as Gerrymandering. The 'company vote' was nother factor used to negative the 'One Man One Vote' rule since limited comanies above a certain valuation could control up to six votes in any one local lectoral area. Few Catholics own limited companies.

The extent of this discrimination in regard to Local Government voting rights may be gauged from a comparison of the total electorate in Local Government lections and the total for the elections to the Westminster and Belfast parlianents. In 1967, only 694,483 were entitled to vote in Local Government elections ompared with 909,841 electors for Westminster and 933,724 votes for the Belfast Parliament. In addition to this disparity, account must be taken of the fact that The 694,483 Local Government electors comprise many who are given the privilege of exercising more than one vote.

Thus although the Catholic minority is almost 40% of the total population, he (Protestant) Unionist Party controls 57 out of the 68 Local Councils.

The right to free elections by universal and equal suffrage is so well recognised n the democratic world as not to need elaboration. It clearly involves the principle of 'One Man One Vote'; it forbids discrimination in any form. Admittedly these elementary rules of democracy do not obtain in Northern Ireland.

DISCRIMINATION

Discrimination against Catholics exists not only in regard to housing but also n regard to work. In the first case, because of the property qualifications, houses nean votes and are thus a crucial political weapons. Although the situation changes from town to town and council to council, public building of houses in Catholic areas is notoriously slow. Catholic families have been known to wait as long as seventeen years for a house, while similar delays have not affected Protestants. Unemployment forces Catholics to emigrate. It is not by mere coincidence that Catholics are denied work while Protestants are accepted. Formerly actual government policy, the tradition is still actively discriminatory in practice.

SPECIAL POWERS ACT 1922

The Civil Authorities (Special Powers) Act has been the principal organ for suppression of opinion in Northern Ireland. It gives absolute powers to the Minister for Home Affairs to make pretty well whatever Regulations he wishes. The Act has been used to allow indefinite internment without charge or trial and the Act also gives powers to place persons under house arrest. This same Act makes it possible to commit an offence under the Act, although that offence has not been provided for in the Regulations. It is sufficient if the Court thinks that what has been done ought to be an offence."

In addition, a special part-time police force, regarded as the militant arm of the Orange order (a political-religious society noted for its sectarianism) is mobilised from time to time and has all the authority under the Special Powers Act of the regular police force. The Special Powers Act and the 'B Specials' police force were nominally aimed at preventing crime and controlling the activities of the Irish Republican Army, the military force of the Irish liberation movement. In fact,

The word is derived from the name of the US politician Elbridge Gerry who was Governor of Massachusetts in 1812. At the time his party in the Legislature redistributed constituencies in the State so as to concentrate its strength and dissipate the strength of its opponents.

Article 21(1) and (3) Universal Declaration of Human Rights; Article 3, First Protocol to the European Convention on Human Rights; Articles 25, 26 and 27 of the U.N. International Covenant on Civil and Political Rights.

Section 2(4) of the Civil Authorities (Special Powers) Act 1922 provides: 'If any person does any act of such a nature as to be calculated to be prejudicial to the preservation of the peace or maintenance of order in Northern Ireland and not specifically provided for in the regulations, he shall be deemed to be guilty of an offense against the regulations.'

77-178-72-31

they have been used to quell civil disturbances and it is feared that they will be used in the future to put down civil rights demonstrations. In February this year the Northern Ireland Cabinet approved the call-up of an indefinite number of this special force. By reason of its composition, the regular police force is itself mistrusted by the minority. The Special Powers Act of 1922 not only gives very wide powers to the police but enables the Minister of Home Affairs to delegate his powers to any officer of the police who can then be the 'civil authority."

REFORMS &

In November 1968 the Northern Ireland Government announced that it would undertake some reforms. As is usual in such situations, the question arises as to whether these reforms are adequate and will be put into operation sufficientl quickly to allay the existing distrust of the Government's intentions. It is unfortunate that the Government, while promising to review the Local Government franchise, stated that this would only be brought into effect by the end of 197! Local elections are due to be held in April 1970. It might have restored confidence if this reform was put into effect in time for April 1970. It is also unfortunate that the programme of reforms announced did not envisage legislation to prevent discrimination in regard to employment and housing.

UK'S INTERNATIONAL RESPONSIBILITY

The United Kingdom is a party to the European Convention on the Protection of Human Rights and Fundamental Freedoms. It is also a signatory to the two UN Covenants on Human Rights. The provisions of the Special Powers Act and the policies of discrimination referred to are clearly incompatible with the United Kingdom's international obligations. Because of this, the United Kingdom Government was obliged in 1957 to notify the Council of Europe that a 'public emergency threatening the life of the nation' existed in Northern Ireland and that emergency powers were being utilised which might 'involve derogations in certain respects from the obligation imposed by the Convention for the Protection of Human Rights and Fundamental Freedoms.' It is unfortunate that the policies of the Northern Ireland Government and the reactions to them should place the UK Government in the invidious position of derogating from its international obligations.

Of course, it is still open for an aggrieved party to challenge the UK Notice of Derogation on the grounds that no 'public emergency threatening the life of the nation' exists in Northern Ireland or on the ground that the measures taken by the authorities are in excess of those 'strictly required by the exigencies of the situation'. The first of these grounds would raise the interesting question of whether the nation in this case is the 'United Kingdom of Great Britain and Northern Ireland', which is the State that is a party to the Convention, or 'Northern Ireland', which is only part of that State.

In any proceedings that might arise before the European Commission or Court of Human Rights, another fundamental question might well arise: if a Government by its own policies violates certain provisions of the Convention and thus contrib utes to the creation of a grave emergency, can it then rely on the 'derogation clause of Article 15? This might well involve a construction in depth of Articles 14, 15, 17 and 18 of the Convention.

It is rather shocking that, in an area within the Council of Europe, there should have subsisted a state of public emergency which has forced the UK to derogate from its international obligations for over 12 years. This in itself gives a clear indication as to the need for very fundamental reforms in this small corner of Ireland. Legislation and conditions in Northern Ireland have been such a byword that they have been frequently cited by Ministers of the South African Government to justify their own policies of discrimination. Mr. Vorster has self-righteously pointed out in the South African Parliament that the South African detention legislation is less draconian than the Northern Ireland Special Powers Act 1922. A recent South African Government publication quotes extensively from the Special Powers Act 1922 and the Regulations made thereunder in justification of its own repressive legislation. This use of Northern Ireland legislation to justify apartheid policies in South Africa should of itself have drawn attention to the state of human rights in Northern Ireland.

7 Civil Authorities (Special Powers) Act 1922 Sec. 1(2).

9

8 The Belgian League for the Rights of Man sent an Observer Mission to Northern Ireland. For a detailed study, readers are referred to their Report on Civil and Social Rights in Northern Ireland.

9 South Africa and the Rule of Law, published by the South African Department of Foreign Affairs, April

1968.

INTERNMENT

Members Brief), Tuesday, 5th October 1971 by Unionist Research Department, 3, Glengall Street, Belfast, BT12 5AE.

1. FACTUAL BACKGROUND

(A) ESCALATION OF VIOLENCE PRIOR TO INTERNMENT

(i) Attacks on RUC Constables.-the number of stonings, assaults and shootings ad trebled in the course of two months (55 incidents June; 153 July).

(ii) Incendiary Devices.-by the end of July 250 devices were found in 143 usinesses. Monthly pattern shows a peak in July.

(iii) Explosions.-in July the amount of gelegnite used (1,408 lbs) was treble hat used in June (519 lbs). The amount used in August showed a slight decrease. Overall the amount used in July was 34 of that used in the entire first 6 months f the year (1,408 lbs against 1,910). Note: The amount recovered by searches in uly was only 381 lbs-4 of that used.

In the year to 15 September 1971 there had been 10 deaths and 349 injuries. ttributable to explosions.

(iv) Deaths.-year up to 9 August (Internment) 38 deaths including 12 members of security forces. In 6 weeks after 9 August 37 died including 15 from security

orces.

(v) Shooting incidents.—in week before Internment no less than 972 single shots and 28 burst of automatic fire directed at the security forces.

(B) INTIMIDATION

(i) Witnesses against terrorists are rarely at the scene but are more likely to be nformers. In the past 18 months there have been 5 IRA style executions at least. As Lord Balniel said, who is going to be a witness when he is liable "to be found dead in the gutter the next morning?" Hansard 23 September.

(ii) Three Magistrates who handed out stiff sentences-Mr. Mills, Mr. Fox nd Mr. Maxwell-have had their houses bombed.

(iii) Evidence cannot be given in secret in a court of law. In one recent case of kidnapping witnesses failed to show because of intimidation (Ballymurphy) 7 July 1971.

(c) INABILITY OF ORDINARY LEGAL PROCESS TO COPE

The detection rate has fallen alarmingly. In particular over 100 armed robberies have been committed without any convictions being obtained.

(D) EUROPEAN CONVENTION ON HUMAN RIGHTS

A frequent allegation is that Internment-or strictly speaking "detention without trial"—is contrary to the provisions of various Human Rights agreements. The answer is that it is not in the present circumstances.

Summary of Reasons.)—(i) In ordinary times, detention outside the ordinary process of the law is contrary to Article 5 of the European Convention to which both the UK and Eire are parties.

Article 15 however, provides "In time of war or public emergency threatening the life of the nation any high contracting Party may take measures derogating from its obligations under this Convention to the extent strictly required by the exigencies of the situation".

Each Party is required to keep the Secretary General informed of its intention to derogate. This is what Eire did on 5 December 1970.

(ii) Eire Internment: (Offences against State Act 1940) used on two occasions— both to stop IRA Campaigns against Northern Ireland using Southern Territory. (a) World War II 100+ interned. (b) 1957 de Valera, (Taioseach) interned 206 IRA men for two years. The violence in Northern Ireland then was a "Sunday School Picnic" compared to that of today's scale. (6 years-between 1956-62 only 6 Police were killed).