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Brexit could 're-ignite conflict' say legal experts

A Queen’s University study reveals that human rights and equality protections will be downgraded in the North post-Brexit.

Researchers find that Brexit will threaten the peace process and weaken human rights and equality protections in Northern Ireland.

Research from BrexitLawNI, a law schools partnership between Queen’s and Ulster University and human rights experts from the Committee on the Administration of Justice (CAJ), warns also of detrimental consequences for the peace process.

The project is funded by the Economic and Social Research Council (ESRC) and led by Professor Colin Harvey of the Queen’s law school

'Profound moment'

Professor Harvey said “This is a profound constitutional moment for Northern Ireland and the island of Ireland.

“Brexit will threaten the peace process and weaken protections for human rights and equality. It risks disrupting North-South co-operation, increasing racist immigration enforcement and dividing British and Irish citizens.

“It could also reduce international oversight of human rights and introduce a new focus for conflict between divided communities.

“Many of these matters have simply been neglected in the discussions thus far."

The 18 months of research reveals widespread anxiety about the long-term impact of Brexit on relationships on the island of Ireland.

“We urgently need a bespoke solution for this region that will minimise the negative impact of Brexit and provide a positive way forward,” said Professor Harvey.

The Brexit impact on social and economic rights, north-south relations, the border, human rights and equality protections, racism and xenophobia, and the peace process are all scrutinised in the report which consists of six inter-linked studies.

It calls for a protocol that fully respects the commitments given in the EU-UK Joint Report including that there be ‘no diminution’ in relation to human rights and equality.

Dissident Republicans

The report says a hard border would further undermine political relations between all parties  and become a target for dissident republicans opposed to the peace process.

It calls for a guaranteed equality of rights of Irish and British citizens through the concept of equal citizenship.

And the Common Travel Area must be codified and underpinned legally, both in relation to free movement and reciprocal associated rights.

This should include a treaty with a clear dispute resolution mechanism, and be enshrined in domestic law including through the NI Bill of Rights.

The researchers say that a CTA codification of rights of free movement should explicitly incorporate the existing British policy position that there will be no passport checks on the land border or Irish Sea and no racial profiling.

EU freedom of movement should also be retained in the north, the researchers say. And they point out that those in the north who claim Irish citizenship will be entitled to EU citizenship rights.

The study calls for the  north to remain in the single market and customs union with no new barriers to trade.

The study also shows that Brexit has had the effect of ‘mainstreaming’ discussions on Irish reunification.  

Professor Rory O’Connell, Director of the Transitional Justice Institute at Ulster University, said: “The 1998 Agreement found nuanced solutions to difficult issues of sovereignty, identity and the border, embedding these in a rights-respecting framework. 

Unpicking risk

"Brexit risks unpicking these carefully, painfully-worked out solutions. These reports identify recommendations that, going forward, maintain the centrality of rights and equality.”

Brian Gormally, Director of CAJ, added: “There is a real danger that Brexit could re-ignite conflict here.

"As the leaving process lurches ever nearer to a 'hard' or 'no-deal' Brexit, there is a risk of nationalists becoming more and more disillusioned at the disregarding of the will of the majority here while unionists coalesce in defence of Brexit and the Border.

“The last thing we need is a new bone of contention between our people. We need to stop, take stock and together work out solutions for this region.”

All six reports are available from the BrexitLawNI website.