Document faces kernel of problem and outlines path towards settlement

THE Forum for Peace and Reconciliation was set up in October 1994 to explore ways in which the Northern Ireland conflict mightbe…

THE Forum for Peace and Reconciliation was set up in October 1994 to explore ways in which the Northern Ireland conflict mightbe resolved. Each of the delegations to the Forum, including the SDLP, Alliance Party, Sinn Fein and the parties in the Republic, was invited to produce a policy paper outlining its basic thinking on ways to reach a settlement.

Since last summer a drafting committee under the Forum chairwoman, Judge Catherine McGuinness, and comprising representatives from each of the delegations has been working towards an agreed document entitled "Paths to a Political Settlement in Ireland: Realities, Principles and Requirements".

This document - the most important to come out of the forum - has gone through about 30 drafts. Sources say the version agreed after a 10 hour session last Friday had the broad support of all the delegations except Sinn F&in, which is understood to be still discussing it. Sinn Fein is said to be anxious for greater clarity in the passages dealing with self determination and the consent of a Northern Ireland majority to a settlement.

Its representatives have participated in the drafting process: some 120 amendments were proposed by Sinn Fein and between 40 and 50 of these were accepted. The final version of the document is due to be agreed at, a meeting of the drafting committee in Dublin Castle tomorrow.

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The latest draft of "Paths to a Political Settlement in Ireland" is about 5,000 words long and divided into three parts: a preamble, a section entitled "Present Realities" and a final section called "Principles and Requirements".

The preamble declares that the peace process has provided an opportunity for "a new start" and has already transformed people's daily lives in Northern Ireland.

"But the beginning of peace has also brought anxiety and uncertainty - both about its permanence and about the risks and requirements of compromise."

In preparing its document, the forum was conscious there was no commonly accepted analysis of the roots of division and mistrust in Northern Ireland. Nevertheless, it was the forum's view that progress was possible towards a lasting accommodation.

"The document was prepared without the direct input of the main unionist parties, who, so far, have felt unable to take up the invitation to membership of the forum. However, the forum, through its process of inclusive dialogue, has had the benefit of the views of many significant groups and organisations whose membership is drawn primarily from the unionist and loyalist traditions."

The document lists 18 "key realities" in alphabetical order, which need to be addressed. The main ones are as follows:

"(a) The most urgent and important challenge facing the people of Ireland, North and South, and the British and Irish governments together, is to remove the causes of conflict, to overcome the legacy of history and to heal the divisions which have resulted.

"(b) The peace process provides an unprecedentedly favourable climate in which to face this challenge. The opportunity now available needs to be grasped to the full.

"(c) Most of the divisions within Northern Ireland and within the island, which are a persisting source of pain and distrust, are part of the enduring historic legacy of wider BritishIrish relations. The origins and context of those divisions, therefore, transcend Northern Ireland itself and encompass the totality of relationships involved - i.e. those within Northern Ireland, within the island of Ireland as a whole and between the peoples of these islands."

THE document stresses the "central role" of the two governments, noting that Dublin and London have said that no party or organisation can exercise a veto on progress. And it supports the call for all party talks:

"The engagement of the political partics, together with the two Governments, in all inclusive talks, commencing at the earliest possible date, will also be crucial to the achievement of a comprehensive agreement."

The document states that violence - "from whatever source and whatever its rationale" - has served to deepen divisions and reinforce barriers, particularly in Northern Ireland but also between North and South. By the same token, the ceasefires had "profoundly altered" the situalion in Northern Ireland and represented a "strongly positive" contribution to the process of reaching a settlement." The document then goes on to tackle the thorny issue of consent and, perhaps inevitably, the language becomes more tortured.

"The issues of self determination and consent are fundamental. While it is a view shared by a majority of the people of this island, though not by all its people, that the Irish people as a whole have a right to nationai self-determination, the exercise of self determination is a matter for agreement between the people of Ireland, and must be based on consent.

The integrated approach of the two governments on this matter was of particular importance and had been accepted by the majority of the political parties. Summarising the unionist and nationalist positions, the documcnt continues:

"Against this background, and addressing the totality of relationships involved, there is a need for new arrangements and for new structures not simply based on majoritarianism which, on the basis of a new and balanced constitutional accommodation, will reflect the reality of diverse aspirations, reconcile as fully as possible the rights of both traditions, promote co operation between them, and afford each, on the basis of equality of treatment, secure and satisfactory expression and protection in all spheres of public life."

The document calls for "an even handed and just compromise". It goes on to acknowledge that there are severe forms of deprivation in both communities in Northern Ireland. "Historically, there has been particular discrimination against nationalists and Catholics, which has meant the persistence of economic and social disadvantage." The economic benefit to Northern Ireland and the island as a whole would be greater from a peace settlement than from simple continuation of the ceasefires.

IN its third and final section, the document lists a series of principles and requirements as necessary elements of a political accommodation, and settlement". The list begins as follows:

"1. The first principle must be the right to peace, based on justice. Flowing from this right is thc principle that the pursuit of all political goals, including the establishment of an overall political settlement, must be undertaken by exclusively democratic and peaceful means, characterised by dialogue and free from violence and coercion."

The second requirement is to build trust and reconciliation. Particular account must be taken of victims of violence and injustice - from whatever source. "Appropriate action will also be important on the various issues relating to those who have been imprisoned in the context of the conflict."

An inclusive talks process was urgently required, involving the political parties as well as the two governments. "Having regard, inter alia, to practical and legal requirements, the agreed outcome of this process will have to be ratified by the people of Ireland, North and South.

The document continues: "The objective of the talks process must be a new political dispensation, representing an honourable, democratic accommodation between the two major traditions with which both can live and which is based on consent and on full respect for the concems, rights and identities of all. There must be a rejection of any concept of victory or defeat."

Full account must be taken of the conflict of identities and allcgiances. The two governm9nts must ensure that any constitutional changes proposed do not diminish the existing citizenship rights of the people in Northern Ireland and their birthright to be accepted as being British or Irish - or both - as appropriate and desired.

It is for the people of Ireland alone, North and South, to determine their own future by agreement and consent. Securing an agreement which can earn and enjoy the allegiance of the different traditions will be a core task of all party talks.

"Should these talks result in an agreement, and if that agreement were democratically ratified North and South, then the result of that ratification process will represent a valid and legitimate exercise by the people of Ireland: as a whole of their right to self determination."

Agreed arrangements based on a new and balanced constitutional accommodation must even handedly afford both traditions "parity of esteem and equality of treatment" in all spheres. They must enhance and facilitate the development of a pluralist ethos throughout the island.

"Institutions and stmctures forming part of new political arrangements must be accepted by both major traditions as essential elements of an overall settlement which is honourable and balanced, and must therefore enjoy widespread public support from within both traditions.

"In this context, and in the context of the totality of relations, it is widely accepted that there can be no exclusively internal Northern Ireland settlement.

The comprehensive protection of human rights should underpin the establishment of agreed institutions and structures. The administration of justice and policing were critical issues in this regard.

In conclusion, the document states that the forum parties believe an unprecedented opportunity now exists for a settlement. But the document adds: "It is essential that democratic solutions negotiated on this basis be not undermined by violence or the threat of violence."