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8 April 1999 Edition

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The Agreement cannot be renegotiated

BY SEAN BRADY

The Hillsborough declaration is not an agreement between the parties but a draft position between the two governments. So the impasse remains. The institutions are blocked and the Agreement is stalled.
 
Last week at Hillsborough, the Irish and British governments tried to break the political logjam by putting forward their Joint Declaration. They failed to do so.

There seems to be very obvious contradictions between the Good Friday Agreement and the Joint Declaration in relation to the decommissioning issue. The former describes this as a voluntary act while the Declaration characterises it as an ``obligation''.

The only thing which is clear after the Hillsborough talks is that Unionists have been successful in their relentless pursuit of the decommissioning issue. In reality, the unionist strategy is not about weapons but about negotiating strength and is based on their refusal to move except at the most minimal of paces. Their tactics have most notably prevented the establishment of the all-Ireland institutions and are now endangering the entire peace process.

The governments say that decommissioning is no longer a precondition. It never was. Yet is has been allowed to block the Agreement. If the governments are now serious, that blockage must be removed and d'Hondt must be triggered.
 
Last week, the d'Hondt procedure should have been triggered by the British government, but instead of the transfer of powers and the institutions which the Irish people voted for, we had another collapsed deadline and considerable doubt as to when - or even if - d'Hondt will ever be triggered.

The Agreement, now one year old, is in deep crisis. The hopes and relative confidence of many people in the North is now derived from the continuation of the ceasefires as opposed to confidence in the political process.

For the vast majority of people, the fact that the IRA's weapons are not in use is hugely important. The silence of IRA guns is a clear sign of that organisation's commitment to the search for a lasting peace settlement.

Since Good Friday 1998, the provocations, irritations and insults faced day in and day out by republicans and nationalists have been ceaseless and multi-faceted. From British Army harassment and increased militarisation across many areas of the Six Counties to RUC intimidation and collsuion, to loyalist shootings, bombings and burnings.

The latest provocation has been the demand on the IRA to disarm. It is a demand which the IRA has made clear it feels under no obligation to accede to, but the unionist leadership has now sucessfully narrowed the entire peace process to this issue.

The unionist strategy is supported by the securocrats within the British establishment, who have opposed the peace process from the beginning and whose objective is a military defeat of the IRA. The danger in which such a strategy places the entire process has been made clear to both governments on many occassions.

Sinn Féin advocated a `Yes' vote in referendums on the Good Friday Agreement. This decision was taken after weeks of intense debate. Despite the strength of feelings involved, republican activists remained united and disciplined. Sinn Féin made substantial concessions in committing itself to the Agreement but such concessions have been ignored by unionists and their allies.

Sinn Féin has participated in the process in good faith. It has honoured all its commitments. The unionist political leadership has not. The Good Friday Agreement is now a year old. The Executive, the all-Ireland Ministerial Council, and the other all-Ireland bodies should now be functioning with full powers. Instead, only one institution, the Assembly, is in shadow formation. It is the one institution which was most desired by unionists and least desired by nationalists and republicans.

The announcement that the British army will vacate the GAA pitch at Crossmaglen is welcome, but demilitarisation needs more than a mere local announcement. In the Good Friday Agreement, the British government committed itself to publicise an overall strategy dealing with the removal of the British military, its installations and repressive powers. One year later, nationalists await the publication of this strategy.

The endorsement of the Good Friday Agreement involved all of the people of this island. The vast majority voted `Yes' and did so because they wanted a transformation of the situation in the North. But they have been disappointed. Vitally important aspects of the Agreement have been shelved.

These include the right to ``freedom from sectarian harassment''. This is most sharply felt by the people of Garvaghy Road, who have faced a yearly siege by the most fanatical elements of the Orange Order and its supporters in Portadown. These are the people who mimic the kicking to death of Robert Hamill and publicly celebrate the assassination of Rosemary Nelson. Since last July, there have been over 150 loyalist marches in and around the area. Nationalists are virtually excluded from the town centre and are treated like prisoners in their own land. David Trimble's refusal to talk to the people of this, his own constituency, is a sad reflection on his commitment to equality. The Irish government also has a responsibility to defend the people of the Garvaghy Road.

Human rights organisations across the world have pressed for a number of independent and internationally-based investigations and inquiries. The harassment and killing of Rosemary Nelson, the Robert Hamill case and the release of Lee Clegg all demonstrate the corrupt nature of the British judicial system in the North and the unacceptability of the RUC. There is also the Pat Finucane case and the role of Brian Nelson and other British Intelligence agents. There has been no progress on any of these issues. Another case is that of the Dublin and Monaghan bombings and the call by the victims' families for a truly independent judicial inquiry. The Irish government must also take up their case.

The implementation of the Good Friday Agreement is the bedrock of the current phase of the peace process. There can be no renegotiation or rewriting of the Agreement by any of the parties to it. The various provisions of the Agreement are quite clear. The multiple breaches of the Agreement in relation to the establishment of the political institutions are well known and have threatened the entire process for several months now. The provisions of the Agreement in relation to the issue of decommissioning are unambiguous. There is an obligation on all parties to honour their commitment to work constructively and in good faith with the International Commission and to use any influence they may have to secure disarmament. Sinn Féin has and will continue to honour its obligations in relation to these commitments and objectives. Other parties must do likewise. No one can impose obligations or commitments beyond what is in the Agreement.

The Hillsborough declaration is not an agreement between the parties but a draft position between the two governments. So the impasse remains. The institutions are blocked and the Agreement is stalled.

The governments say that decommissioning is no longer a precondition. It never was. Yet is has been allowed to block the Agreement.

If the governments are now serious, that blockage must be removed and d'Hondt must be triggered. That is the only possible and logical meaning of the phrase ``decommissioning is not a precondition''.

Republicans will do their best to find a way out of the impasse. The way forward proposed in the governments' declaration will prove counter-productive if it amounts to an ultimatum to the IRA.

The fact that the Hillsborough talks ended in an adjournment means that there was no agreement and no deal. The Agreement is stalled. It will take a huge effort to get it moving again. There is a particular onus on the governments and a particular requirement that they do not move away from the Agreement.

Clarity in the position of the governments is urgently required. Sinn Féin's position is very clear- any resolution of the present difficulties must be made within the context of the Agreement. Sinn Féin has also made it clear that it cannot deliver the demand for IRA weapons, no matter how this is presented.

The current impasse is a unionist impasse, created by people who, for decades, have been used to exercising a veto over political progress. That must change.

If we are to see real and meaningful change, all vetoes must be removed and all the participants must be part of an inclusive process based on equality and respecting the democratic mandates of all involved.

Despite the current difficulties, Sinn Féin will return to the renewed discussions in two weeks' time determined to see the full implementation of the Agreement.

An Phoblacht
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Ireland