The following is the report of the Independent International Commission on Decommissioning delivered by Gen John de Chastelain, Brigadier Tauno Nieminen and Ambassador Donald C. Johnson:
1. The initial request for this report came from the two Governments, pursuant to the provisions of the Good Friday Agreement. The Commission was asked specifically to comment on progress achieved to date and on prospects for future decommissioning. On 29 June the Commission was prepared to deliver its report to the British and Irish Governments, but the Prime Minister and the Taoiseach requested that delivery be deferred, in the belief that there would be developments having direct relevance to this report. This has proved to be the case, and our report has been restructured as necessary to take account of recent developments.
2. The report provides the Commission's assessment of the current situation regarding decommissioning and the results of discussions held with the parties through 1 July. Since the Governments may choose to distribute the report more widely, and because the Commission has pledged that private discussions will remain confidential, the Commission has been reticent about linking statements or actions directly with named groups or individuals unless these are already in the public domain or are essential to the integrity and purpose of this report.
3. Since its inception in September 1997, the Commission has sought to put in place the measures necessary to facilitate the decommissioning of paramilitary arms and then to execute that task. An Annex to this report summarises the mandate of the Commission, legislation governing its role, and actions taken to carry out its task.
Efforts to Bring About Progress
4. The Decommissioning Acts passed in both jurisdictions in 1997 specified that the decommissioning of paramilitary arms by the Commission required the destruction of those arms.
Working with parties that have actual or alleged links with paramilitary groups, the Commission assessed that two decommissioning methods would be acceptable to the paramilitary groups and the two Governments. These were information leading to the discovery of arms and destruction of arms by the paramilitary group concerned, with verification provided by the Commission. The two methods were confirmed in a Scheme and Regulations issued by the Governments in June 1998. The work of the Commission since then has been to put these methods into effect.
5. In response to a request by the Commission to have points of contact nominated by paramilitary groups, the Ulster Volunteer Force (UVF) nominated Mr Billy Hutchinson of the Progressive Unionist Party (PUP) in October 1997, and the Loyalist Volunteer Force (LVF) nominated Pastor Kenny McClinton in June 1998. Pastor McClinton resigned from that function in June 1999.
The Commission continues to work with Mr Gary McMichael, the leader of the Ulster Democratic Party (UDP), to elicit the views of the Ulster Defence Association (UDA). In September 1998, Sinn Fein nominated Mr Martin McGuinness as that party's representative to the Commission.
6. The UDA and the Irish Republican Army (IRA) had not nominated points of contact with the Commission as of the writing of this report. Furthermore, the Commission has not yet had any contact with acknowledged representatives of the IRA, the Irish National Liberation Army (INLA), the Real Irish Republican Army (RIRA) or the UDA.
7. Since the approval of the Good Friday Agreement, the Commission has worked with party representatives and other points of contact to facilitate the decommissioning of paramilitary arms. Frank discussions have taken place on numerous occasions during that period and useful answers to technical questions about decommissioning have been elicited. As of 1 July 1999, only one decommissioning event had taken place (carried out on 18 December 1998 by the LVF).
8. The Commission has also held numerous meetings with the full range of political parties in Northern Ireland to elicit their advice on how best to carry out its mandate. These meetings have been informative and instructive. Citing the continuing ceasefires, creation of the Assembly, agreement on the structure of a new Northern Ireland government and the commencement of direct dialogue between unionists and republicans, several parties have urged the Commission to determine that progress is being made in the broader political context. That, however, is not in the Commission's remit.
9. All parties to the Good Friday Agreement undertook to work "constructively and in good faith with the Independent Commission, and to use any influence they may have to achieve the decommissioning of all paramilitary arms within two years following endorsement in referendums North and South of the agreement, and in the context of the overall settlement." The parties have assured the Commission they believe they are in compliance with this requirement, and the Commission has no basis for challenging these assertions.
10. During this period, public statements have been made by paramilitary groups regarding their intentions on decommissioning. The IRA said it would not decommission its arms, and loyalist groups said they would not do so until they were clear about the IRA's intentions. During the past 10 months the Commission put forward numerous ideas on how to break the impasse over decommissioning. Acting within its mandate to facilitate and encourage decommissioning, the Commission made detailed, specific, and clear suggestions to several parties. The Commission urged that paramilitary groups implement confidence-building measures which would demonstrate a willingness to engage positively with the political process and to allow that process to move forward. No proposal to start actual decommissioning had been accepted by any paramilitary group except the LVF. However, the Sinn Fein statement of 1 July offers promise that decommissioning by all paramilitary groups may now begin. The Commission expects that Sinn Fein's proposal will be endorsed by the IRA and reciprocated by loyalist and other republican paramilitary groups.
Meetings with the Parties - June 1999
11. Between 21 and 28 June the Commission met with 10 political parties to confirm their views on the decommissioning process as well as to seek answers to three questions concerning that process. The questions were aimed at focusing attention on areas where the Commission wished to get a stated confirmation of the parties' and the paramilitary groups' intentions. The questions were:
1. Does your party agree that decommissioning of all paramilitary arms should take place by 22 May 2000 as set forth in the Good Friday Agreement, and in the context of the implementation of the overall Agreement? 2. Are there any areas of implementation of the overall Agreement which would demonstrably facilitate the decommissioning process? 3. The Commission is aware of a number of public statements by paramilitary groups since 10 April 1998 regarding decommissioning. Can your party assist the Commission in determining the willingness of paramilitary groups to decommission their weapons by 22 May 2000? If so:
a. Is the paramilitary group willing to give the Commission a firm basis for expecting that decommissioning will take place within the timescale set forth in the Good Friday Agreement? And b. While we believe we have general agreement on schemes to be used for decommissioning, when can we expect to receive - or else conduct negotiations to define - confirmation of the practical modalities (e.g., types of weapons, and in what order, location of decommissioning events, general time parameters)?
12. On Question (1) the responses were generally supportive of the goal of decommissioning but varied significantly in their emphasis. Some parties argued strongly for immediate and unconditional decommissioning, while others made clear they adhered strictly to the wording of the Good Friday Agreement, or spoke more broadly of their support for decommissioning in the context of the demilitarisation of Northern Ireland. No party suggested that decommissioning ought not to happen by 22 May 2000.
13. On Question (2), the responses were even more varied but included few new proposals. Most parties argued the need for full implementation of the Good Friday Agreement. Two parties felt the question encouraged procrastination.
14. Question (3) received a narrow range of responses. By far the majority of parties told the Commission they could not assist on this question as they had neither weapons nor access to those who did. The Commission was particularly interested in the responses from parties with actual or alleged links to paramilitary groups. It was hoped the question would elicit positive signals from the paramilitary groups themselves. There were no responses to Questions (3)(a) or (3)(b) from either the IRA or the UDA by the 28 June deadline. The UVF provided a response which emphasised the need for the Good Friday Agreement to be implemented in full and an acceptance by republicans that the Agreement is "the final settlement of the constitutional conflict".
Assessing Recent Developments
15. On 1 July, Sinn Fein published a proposal in which they said the following:
". . . we believe that all of us, as participants acting in good faith, could succeed in persuading those with arms to decommission them in accordance with the Agreement. We agree that this should be in the manner set down by the Independent Commission on Decommissioning within the terms of the Good Friday Agreement . . ."
16. In anticipation that this proposal may translate into a commitment to decommission paramilitary arms, the Commission believes that to complete its mandate by 22 May 2000, the process of decommissioning should begin as soon as possible.
17. The Decommissioning Scheme and Regulations approved by the two governments provide that the process of decommissioning is deemed to have commenced when the Commission is satisfied it has received notice of an intention to decommission arms on behalf of a paramilitary organisation, and that such notice contains sufficient information to indicate a clear intention to decommission specified arms. The Commission will be guided by these provisions. It is the Commission's considered view that the "process of decommissioning" begins in connection with a paramilitary group when it (a) gives an unambiguous commitment that decommissioning will be completed by 22 May 2000, and (b) commences detailed discussions of actual modalities (amounts, types, location, timing) with the Commission through an authorised representative.
18. Once decommissioning commences as set forth above, the Commission expects corresponding moves from all republican and loyalist paramilitary groups.
19. In accordance with the Scheme and Regulations, the Commission foresees the process of decommissioning following a reasonably predictable agenda. We therefore envision the following steps:
(1) The designation of a point of contact who can speak authoritatively for the paramilitary group;
(2) Discussions with the designated point of contact regarding:
a. The scheme to be used (i.e., self destruction with Commission verification, or information leading to the discovery of arms by the Commission); b. Modalities (i.e., types and amounts of arms, location of the decommissioning event, timing, etc.);
(3) Agreement to proceed with a specific event or events;
(4) Execution of the decommissioning event(s);
(5) Destruction of any residue; and
(6) Reporting to the Governments.
20. The developments of 1 July give the basis for believing that decommissioning can be completed in the time prescribed by the Good Friday Agreement. There is still sufficient time to do that, but there is a need to get started soon. The Commission is ready and willing to start. It has emphasised its intention to conduct decommissioning in a way that is honourable, safe, verifiable, complete and free from the fear of prosecution.
21. While the Commission is prepared to define a detailed timetable for decommissioning of arms by the main paramilitary groups, it believes this will best be achieved in discussions with the groups, various points of contact. Once such a timetable has been worked out, paramilitary groups will be expected to adhere to it to ensure completion by 22 May 2000, and the Commission will report on progress to the two Governments. The Commission believes that the detailed modalities, the timetable, and the commencement of actual decommissioning should be agreed with the paramilitary groups as soon as possible. The Commission reaffirms the following: Once a contact person has been named, the modalities for decommissioning can be worked out very quickly. Once there is agreement on the modalities, the actual decommissioning can be carried out without delay.