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Session 16452: 1998-04-10 12:00:00

We have created this mini-model for Professor Christopher McCrudden's presentation to the Agreement 25 Conference at Queen's University, Belfast. It tracks how documents produced by various parties over a number of years contributed to a small section of text. By clicking on the document icon at the bottom of the timeline, you can see the text of the documents in their entirety and compare them to their 'ancestors'; when you click on the amendment icons above, you can see how they each propose to alter the text that eventually became the Human Rights section of the Good Friday Agreement. Nb: Since in this mini-model, as opposed to in our main projects, we are presenting only these documents rather than everything tabled during the course of a negotiation, we have decided to model them all in one session, using the date of the Agreement, so that the model is easier to navigate.

Northern Ireland Mini-Models

Evolution of the Human Rights Language in the Good Friday Agreement

Session 16452: 1998-04-10 12:00:00

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Joint Declaration: JD14 – November 1993 (Annotated)

There are 0 proposed amendments related to this document on which decisions have not been taken.

1. The Taoiseach and the British Prime Minister acknowledge that the most urgent and important issue 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, recognising that the absence of a lasting and satisfactory settlement of relationships between the peoples of both islands has contributed to continuing tragedy and suffering. They believe that the development of an agreed framework for peace, which has been discussed between them since early last year, and which is based on a number of key principles articulated by the two Governments over the past 20 years, together with the adaptation of other widely accepted principles, provides the starting point of a peace process designed to culminate in a political settlement.

2. The Taoiseach and the British Prime Minister are convinced of the inestimable value to both their peoples of healing divisions in Ireland and of ending a conflict which has been so manifestly to the detriment of all. Both recognise that the ending of divisions can come about only through the agreement and cooperation of the people, North and South, representing both traditions in Ireland. They therefore make a solemn commitment to promote cooperation at all levels on the basis of the fundamental principles, undertakings, obligations under international agreements, to which they have jointly committed themselves, and the guarantees which each Government has given. It is their aim to foster agreement and reconciliation, leading to a new political framework founded on consent and encompassing the whole island and its relations with the neighbouring island.1

[Manuscript Footnote – 1. reference to "arrangements within Northern Ireland" needs to be included]

3. They also consider that the development of the European Community will, of itself, require new approaches to serve interests common to both parts of Ireland.

4. The Prime Minister reiterates on behalf of the British Government that they have no selfish strategic or economic interest in Northern Ireland.1 Their primary interest is to see peace, stability and reconciliation established by agreement among all the people who inhabit the island, and they will work together with the Irish Government to achieve such an agreement, which will embrace the totality of relationships. The role of the British Government will be to encourage, assist and enable2 such agreement over a period through a process of dialogue and cooperation based on full respect for the rights and identities of both traditions in Ireland. They accept that such agreement may, as of right, take the form of agreed independent3 structures for the island as a whole. The British Government agree that it is for the people of the island of Ireland alone to exercise their right of self-determination on the basis of consent, freely and concurrently given, North and South, to bring about a united Ireland, if that is their wish.4 They reaffirm as a binding obligation that they will, for their part, introduce the necessary legislation to give effect to this, or to any measure of agreement on future relationships in Ireland which the people living in Ireland may themselves freely and collectively5 determine without external impediment and on a basis of concurrent North-South consent. They believe that the people of Britain would wish, in friendship to all sides, to enable the people of Ireland to reach agreement on how they may live together in harmony and in partnership, with respect for their diverse traditions and with full recognition of the special links and the unique relationship which exist between the peoples of Britain and Ireland.6

[Manuscript Footnotes – 1. Formulation in JD14A preferable

2. Needs to be softened as in JD14A.

3. Provocative: delete

4. Sentence reformulated in JD14A: includes statutory constitutional guarantee.

5. Unacceptable: implies collective determination.

6. This para. must acknowledge somewhere that NI part of UK.]

5. The Taoiseach, on behalf of the Irish Government, considers that the lessons of Irish history, and especially of Northern Ireland, show that stability and well-being will not be found under any1 political system which is refused allegiance or rejected on grounds of identity by a significant minority of those governed by it. He accepts, on behalf of the Irish Government, that the democratic right of self-determination by the people of Ireland as a whole must be achieved and exercised with the agreement and consent of a majority of the people of Northern Ireland and must, consistent with justice and equity, respect the democratic dignity and the civil rights and religious liberties of both communities. These would be reflected in any future political and constitutional arrangements emerging from a new and more broadly based agreement.

6. The Taoiseach however recognizes the genuine difficulties and barriers to building relationships of trust either within or beyond Northern Ireland, from which both traditions suffer. He will work to create a new era of trust, in which suspicions of the motives or actions of others is removed on the part of either community.2 He considers that the future of the island depends on the nature of the relationship between the two main traditions that inhabit it. Every effort must be made to build a new sense of trust between those communities.2 In recognition of the fears of the Unionist community and as a token of his willingness to make a personal contribution to the building up of that necessary trust, the Taoiseach will examine with his colleagues any elements in the democratic life and organisation of the Irish State that can be represented to the Irish Government in the course of political dialogue as a real and substantial threat to their way of life and ethos, or that can be represented as not being fully consistent with a modern democratic and pluralist society, and undertakes to examine any possible ways of removing such obstacles. Such an examination would of course have due regard to the desire to preserve those inherited values that are largely shared throughout the island or that belong to the cultural and historical roots of the people of this island in all their diversity. The Taoiseach hopes that over time a meeting of hearts and minds will develop, which will bring all the people of Ireland together, and will work towards that objective, but he pledges in the meantime that as a result of the efforts that will be made to build mutual confidence no Northern Unionist should ever have to fear in future that this ideal will be pursued either by threat or coercion.

[Manuscript Footnotes – 1. JD14A inserts "new" here. Mustn't imply that present system is hopeless.

2. Sentences not essential.]

7. Despite the affirmation by both Governments in the Anglo-Irish Agreement that any change in the status of Northern Ireland would only come about with the consent of a majority of the people of Northern Ireland, the Taoiseach recognizes the continuing uncertainties and misgivings which dominate so much of Northern Unionist attitudes towards the rest of Ireland. He believes that we stand at a stage of our history when the genuine feelings of all traditions in the North must be recognized and acknowledged. He appeals to both traditions at this time to grasp the opportunity for a fresh start and a new beginning, which would hold such promise for all our lives and the generations to come. He asks the people of Northern Ireland to look on the people of the Republic as friends, who share their grief and shame over all the suffering of the last quarter of a century, and who want to develop the best possible relationship with them, a relationship in which trust and new understanding can flourish and grow. The Taoiseach also acknowledges the presence in the Constitution of the Republic1 of elements which are deeply resented by Northern Unionists, but which at the same time reflect hopes and ideals which lie deep in the hearts of many Irish men and women North and South. But as we move towards a new era of understanding in which new relationships of trust may grow and bring peace to the island of Ireland, the Taoiseach believes that the time has come to consider1 together how best the hopes and identities of all can be expressed in more balanced ways, which no longer engender division and the lack of trust to which he has referred.

[Manuscript Footnote – 1. Weak on Articles 2 and 3. Better for relationships if the territorial claim were no longer exerted.]

8. The Taoiseach recognizes the need to engage in dialogue, which would address with honesty and integrity the fears of all traditions. But that dialogue, both within the North and between the people and their representatives of both parts of Ireland, must be entered into with an acknowledgement that the future security and welfare of the people of this island will depend on an open, frank and balanced approach to all the problems which for too long have caused division.

9. The British and Irish Governments will seek to create institutions and structures, which, while respecting the diversity of the people of Ireland, would enable them to work together in all areas of common interest. This will help over a period to build the trust necessary to end past divisions, leading to an agreed and peaceful future. Such structures would, of course, include institutional recognition of the special links that exist between the peoples of Britain and Ireland as part of the totality of relationships, while taking account of newly forged links with the rest of Europe.

10. In the light of their joint commitment to promote the foregoing objectives, the Taoiseach has indicated to the British Prime Minister his intention of establishing an Irish Convention to consult and advise, as long as is necessary, on the steps required to remove the barriers of distrust which at present divide the people of Ireland and which also stand in the way of the exercise in common by them of self-determination on a basis of equality. It will be open to the Convention to make recommendations on ways in which agreement, in the spirit of the Report of the New Ireland Forum, and respect for the rights and identities of both traditions in Ireland, can be promoted and established. The Convention will operate will full respect for the authority of the institutions established by law in the State. It will be a fundamental guiding principle of the Convention that all differences between the Irish people relating to the exercise in common of the right to self-determination will be resolved exclusively by peaceful, political means.

11. The Convention will be open to democratically mandated political parties in Ireland which abide exclusively by the democratic process and wish to share in dialogue about Ireland's political future and the welfare of all its people. The Irish Government will approach the Convention in a true spirit of openness and magnanimity.1

[Manuscript Footnote – 1. We can't sign up to the Convention. (The Irish could go it alone.) JD14A suggests an alternative approach based on Brussels, Guildhall and 5 November message.]

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