It is an indication of how far the conflict resolution process in Ireland still has to go that the issue of equal citizenship for ex-prisoners is not being addressed seriously in the current round of negotiations.
By this I mean that the clearing of 'criminal' records for political ex-prisoners is not being advanced by the British or Irish governments, despite the fact that it is being raised consistently by Sinn Féin.
Indeed, the British government seems to be intent on stalling on the 'on-the-run' issue rather than concede the political nature of the conflict. In our view, this is a simple matter of equality.
The convoluted process outlined in media reports is in stark contrast to how the British state has treated its own agents who have broken the law during the conflict. Thus:
- the Police Ombudsman, while investigating the Samuel Devenny case, discovered that, though there was a clear case against the RUC men who caused Mr Devenny's death, she could not take the matter further because an amnesty had been granted to RUC officers in the first years of the conflict
- out of at least 360 deaths inflicted by the RUC and the British army during the conflict, only four cases led to prosecutions and only two to imprisonment
- the European Court of Human Rights, in the cases Jordan, McKerr, Kelly and Shanaghan v UK, held that the proced-ure used for investigating state killings was so deficient that it amounted to a violation of the right to life
- finally, even two soldiers convicted of murder were brought back into their regiment.
Interestingly, Chief Constable Hugh Orde recently called for a debate on how to deal with unresolved cases from the conflict.
There are, he says, 2,700 "unsolved" deaths. His predecessor Ronnie Flanagan averred that "all files remain open". It appears that Mr Orde feels this is not a tenable situation. There are a number of ways in which this could be read:
- firstly, his intervention could be a clear attempt at protecting those of his personnel who have been involved in human rights abuses up to and including torture and murder
- secondly, it could be a simple question of resources. If many of his personnel are tied up with cases from many years ago, it means that he has fewer resources for current policing needs
- alternatively, it may be that this is the first time a senior securocrat is acknowledging that there must be other ways of resolving past issues than through the courts; that finding of guilt, the imposition of 'criminal' records and consequent discrimination on grounds of that 'criminal' record may not be the best way of moving forward away from conflict and into a just peace.
It is worth restating that international law calls (under Protocol II of the Geneva Convention) for the widest possible release of prisoners and the widest possible expunging of "criminal" records at the end of hostilities.
Nine years after the first ceasefire, surely ex-prisoners deserve to have this question considered seriously.
Why is this important?
In the last month, Coiste na n-Iarchimi has been informed of four cases where ex-prisoners have been discriminated against in employment because of their 'criminal' records.
In one case, the individual had been working for the past two years and then his personnel file was pulled. Despite the fact that he had declared his convictions at interview, he is now under threat of dismissal. In another case, an individual with a law degree was not even shortlisted for a clerk's post in local government. He is quite convinced that his prison record explains the situation. In the third case, someone who used to work in the health service expressed frustration that he is now only able to get work as a painter/decorator. Finally, an ex-prisoner who has been out of jail for 16 years was refused a PSV licence by the Department of Environment. Even according to the department's own criteria, a three-year threshold is all that is required.
These examples are replicated a thousandfold and ensure that levels of long-term unemployment for former political prisoners remain at levels of 65% (in New Lodge) to 82% (in Co Monaghan) and 87% (in parts of west Belfast).
We in Coiste na n-Iarchimi have been working to get possession of a 'criminal' record to be included as a non-discrimination ground in legislation across the island. This is a slow process. In our view, the achievement of an inclusive society in Ireland requires ex-prisoners to have full access to employment in all fields and an end to discrimination based on involvement in the conflict.
A process to get the widest possible clearing of 'criminal' records is the way to do it. Come on, Mr Blair, you've looked after your own – let's have an act of completion on this issue.
Mike Ritchie is Director of Coiste na n-Iarchimi, the national network for republican ex-prisoners. It is funded by the Department of Social Community and Family Affairs, the EU Peace II programme through CFNI, ADM/CPA, Cooperation Ireland and the Belfast Local Strategy Partnership.
