Background
to the
Research
- The Secretary of State for
NI announced the setting up of the Commission on 24th October 1997.
It was to consider the impact of the violence in NI on victims and to
consider ways in which to remember those killed in the troubles.
Research
Approach
- The setting up of the Commission was advertised
through local and national press, with people encouraged to submit their
views. The Commissioner also engaged in consultation with various political
and Church leaders, statutory, voluntary and community-based organisations
and agencies, and also with the armed services, police, prison, ambulance
and fire services. He also held meetings with victims in a series of
meetings throughout NI, and also in GB, and the Irish Republic, and
looked at examples offered by American, Spanish, Israeli and South African
experiences at creating a memorial.
Main Findings
Who Are The Victims?
- According to the 'Costs of the Troubles
Study', between 1967 and 1997, 3585 people had been killed in NI through
troubles-related violence. 91% were male, 37% were under 24 years of
age, 53% were under 29, and 4% were under 39. 53% were civilians, 28.8%
were in the security forces, 12.5% were republican paramilitaries and
just over 3% were loyalist paramilitaries. More Catholics have died
than Protestants. 87% of deaths were caused by paramilitaries, 11% by
security forces. The death toll has been 'particularly high' in North
and West Belfast, Londonderry and South Armagh.
- 119 people in GB died as a result of the
troubles, and people have also been killed in the Irish Republic and
continental Europe.
- Around 40-50,000 people have been injured.
Recognition By Way Of Practical
Help
- Criminal Injuries Compensation in NI varies
from GB in that there is no cap on the amount of the award and it is
governed by common law principles.
- It is estimated that victims of terrorist
violence have received £186 million.
- Compensation for 'nervous shock' depends
on certain conditions being fulfilled, such as the fact that the victim
has to develop a 'serious and disabling mental disorder', be in close
proximity to the incident and the level of damages awarded would be
at least £2500. This can appear harsh and arbitrary.
- There is also a problem when it comes
to the question of whether the conduct or character of the victim should
be taken into account, as it presently is.
- Although the scheme is generous in comparison
with that of GB or continental Europe, it is not always regarded as
fair by those who claim under it. One contentious point noted by the
Commissioner is that the award depends on the loss of 'maintenance'
for the victim's family, thereby giving more compensation to the family
of a man with a better job. However, the Commissioner notes that such
a scheme can never be universally accepted, although he does say that
a review of the current procedure is needed.
- Employers, especially State employers,
should take into account the special needs of some victims, including
the responsibility of caring for seriously injured family members.
- Public expenditure in NI needs to appreciate
the fact that many of the victims do not live in areas of multiple deprivation.
- There is a need for support in the immediate
aftermath of an incident. In case of physical damage to property, the
NIHE gives practical advice and emergency aid.
- Long-term support is also required. The
Commissioner recommends the implementation of the recommendations of
the report 'Living with the Trauma of the Troubles'. It also states
that any support should only be offered, not forced, and that it should
be available locally.
- There needs to be a stronger lobby for
victim's rights and also a better receiving point for complaints, such
as a 'Standing Commissioner for the Protection of Victims' or an 'Ombudsman
for Victims'.
- Current structures in place for dealing
with pain, such as that suffered by amputees are inadequate. Giving
pain a higher priority and conducting more research can improve these.
Also, the treatment of trauma patients needs to be improved, especially
for children.
- For some victims, issues of truth and
justice are more important then memorials, especially where they feel
that there has been a cover-up by the State. There is a suggestion that
an NI version of the South African Truth and Reconciliation Committee
be set up. However, this can only happen with "wide-ranging political
accord".
- Victims felt that they were not kept advised
of police attempts to catch the perpetrators of the violence, or of
issues such as their release from prison. The NI Office's Code of Practice
for Victims of Crime is geared towards addressing some of these concerns.
- The positions of the families of the 'disappeared',
exiles and the displaced need to be addressed.
Recognition by Way of Memorial
Schemes
- Existing memorial schemes include various
trusts which aim to improve community relations.
- There should be the creation of an archive
or record of the dead and their stories.
- Focus should be placed on initiatives
aimed towards young people.
- Mutual understanding projects should take
place in GB.
- Other suggestions include a civic recognition
of NI for the suffering and endurance of its people, and religious prayers
made in a 'spirit of reconciliation'.
Possible Schemes of Physical Memorial
- Suggestions include a memorial of public
utility, a memorial National Park, and a forest or garden.
- Any built memorial would have to take
into account the tone and message of the monument, the need for something
which could not be defaced, the fact that the victims come from all
communities, and indeed from outside NI, and the need to avoid a sense
of "triumphalism" by, for example, avoiding naming all those who have
been killed. Location is also an important factor.
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