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A NEW FRAMEWORK FOR AGREEMENT
A shared understanding between
the British and Irish Governments
to assist discussion and negotiation involving
the Northern Ireland parties
1. The Joint Declaration acknowledges 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.
2. Both Governments recognise that there is much for deep regret on
all sides in the long and often tragic history of Anglo-Irish
relations, and of relations in Ireland. They believe it is now
time to lay aside, with dignity and forbearance, the mistakes of
the past. A collective effort is needed to create, through
agreement and reconciliation, a new beginning founded on consent,
for relationships within Northern Ireland, within the island of
Ireland and between the peoples of these islands. The Joint
Declaration itself represents an important step towards this goal,
offering the people of Ireland, North and South, whatever their
tradition, the basis to agree that from now on their differences
can be negotiated and resolved exclusively by peaceful political
means.
3. The announcements made by the Irish Republican Army on 31 August
1994 and the Combined Loyalist Military Command on 13 October 1994
are a welcome response to the profound desire of people throughout
these islands for a permanent end to the violence which caused such
immense suffering and waste and served only to reinforce the
barriers of fear and hatred, impeding the search for agreement.
4. A climate of peace enables the process of healing to begin. It
transforms the prospects for political progress, building on that
already made in the Talks process. Everyone now has a role to play
in moving irreversibly beyond the failures of the past and creating
new relationships capable of perpetuating peace with freedom and
justice.
5. In the Joint Declaration both Governments set themselves the aim of
fostering agreement and reconciliation, leading to a new political
framework founded on consent. A vital dimension of this
three-stranded process is the search, through dialogue with the
relevant Northern Ireland parties, for new institutions and
structures to take account of the totality of relationships and to
enable the people of Ireland to work together in all areas of
common interest while fully respecting their diversity.
6. Both Governments are conscious of the widespread desire, throughout
both islands and more widely, to see negotiations underway as soon
as possible. They also acknowledge the many requests, from parties
in Northern Ireland and elsewhere, for both Governments to set out
their views on how agreement might be reached on relationships
within the island of Ireland and between the peoples of these
islands.
7. In this Framework Document both Governments therefore describe a
shared understanding reached between them on the parameters of a
possible outcome to the Talks process, consistent with the Joint
Declaration and the statement of 26 March 1991. Through this they
hope to give impetus and direction to the process and to show that
a fair and honourable accommodation can be envisaged across all the
relationships, which would enable people to work constructively for
their mutual benefit, without compromising the essential principles
or the long-term aspirations or interests of either tradition or of
either community.
8. Both Governments are aware that the approach in this document
presents challenges to strongly-held positions on all sides.
However, a new beginning in relationships means addressing
fundamental issues in a new way and inevitably requires significant
movement from all sides. This document is not a rigid blueprint to
be imposed but both Governments believe it sets out a realistic and
balanced framework for agreement which could be achieved, with
flexibility and goodwill on all sides, in comprehensive
negotiations with the relevant political parties in Northern
Ireland. In this spirit, both Governments offer this document for
consideration and accordingly strongly commend it to the parties,
the people in the island of Ireland and more widely.
9. The primary objective of both Governments in their approach to
Northern Ireland is to promote and establish agreement among the
people of the island of Ireland, building on the Joint Declaration.
To this end they will both deploy their political resources with
the aim of securing a new and comprehensive agreement involving the
relevant political parties in Northern Ireland and commanding the
widest possible support.
10. They take as guiding principles for their co-operation in search of
this agreement:
(i) the principle of self-determination, as set out in the
Joint Declaration;
(ii) that the consent of the governed is an essential
ingredient for stability in any political arrangement;
(iii) that agreement must be pursued and established by
exclusively democratic, peaceful means, without resort to
violence or coercion;
(iv) that any new political arrangements must be based on full
respect for, and protection and expression of, the rights
and identities of both traditions in Ireland and
even-handedly afford both communities in Northern Ireland
parity of esteem and treatment, including equality of
opportunity and advantage.
11. They acknowledge that in Northern Ireland, unlike the situation
which prevails elsewhere throughout both islands, there is a
fundamental absence of consensus about constitutional issues.
There are deep divisions between the members of the two main
traditions living there over their respective senses of identity
and allegiance, their views on the present status of Northern
Ireland and their vision of future relationships in Ireland and
between the two islands. However, the two Governments also
recognise that the large majority of people, in both parts of
Ireland, are at one in their commitment to the democratic process
and in their desire to resolve political differences by peaceful
means.
12. In their search for political agreement, based on consent, the two
Governments are determined to address in a fresh way all of the
relationships involved. Their aim is to overcome the legacy of
division by reconciling the rights of both traditions in the
fullest and most equitable manner. They will continue to work
towards and encourage the achievement of agreement, so as to
realise the goal set out in the statement of 26 March 1991 of "a
new beginning for relationships within Northern Ireland, within the
island of Ireland and between the peoples of these islands".
13. The two Governments will work together with the parties to achieve
a comprehensive accommodation, the implementation of which would
include interlocking and mutually supportive institutions across
the three strands, including:
(a) Structures within Northern Ireland (paragraphs 22 and 23)
- to enable elected representatives in Northern Ireland
to exercise shared administrative and legislative control
over all those matters that can be agreed across both
communities and which can most effectively and
appropriately be dealt with at that level;
(b) North/South institutions (paragraphs 24-38) - with clear
identity and purpose, to enable representatives of
democratic institutions, North and South, to enter into
new, co-operative and constructive relationships; to
promote agreement among the people of the island of
Ireland; to carry out on a democratically accountable
basis delegated executive, harmonising and consultative
functions over a range of designated matters to be
agreed; and to serve to acknowledge and reconcile the
rights, identities and aspirations of the two major
traditions;
(c) East-West structures (paragraphs 39-49) - to enhance the
existing basis for co-operation between the two
Governments, and to promote, support and underwrite the
fair and effective operation of the new arrangements.
Constitutional Issues
14. Both Governments accept that agreement on an overall settlement
requires, inter alia, a balanced accommodation of the differing
views of the two main traditions on the constitutional issues in
relation to the special position of Northern Ireland.
15. Given the absence of consensus and depth of divisions between the
two main traditions in Northern Ireland, the two Governments agree
that such an accommodation will involve an agreed new approach to
the traditional constitutional doctrines on both sides. This would
be aimed at enhancing and codifying the fullest attainable measure
of consent across both traditions in Ireland and fostering the
growth of consensus between them.
16. In their approach to Northern Ireland they will apply the principle
of self-determination by the people of Ireland on the basis set out
in the Joint Declaration: the British Government recognise that it
is for the people of Ireland alone, by agreement between the two
parts respectively and without external impediment, 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; the Irish Government accept that
the democratic right of self-determination by the people of Ireland
as a whole must be achieved and exercised with and subject to the
agreement and consent of a majority of the people of Northern
Ireland.
17. New arrangements should be in accordance with the commitments in
the Anglo-Irish Agreement and in the Joint Declaration. They
should acknowledge that it would be wrong to make any change in the
status of Northern Ireland save with the consent of a majority of
the people of Northern Ireland. If in future a majority of the
people there wish for and formally consent to the establishment of
a united Ireland, the two Governments will introduce and support
legislation to give effect to that wish.
18. Both Governments recognise that Northern Ireland's current
constitutional status reflects and relies upon the present wish of
a majority of its people. They also acknowledge that at present a
substantial minority of its people wish for a united Ireland.
Reaffirming the commitment to encourage, facilitate and enable the
achievement of agreement over a period among all the people who
inhabit the island, they acknowledge that the option of a sovereign
united Ireland does not command the consent of the unionist
tradition, nor does the existing status of Northern Ireland command
the consent of the nationalist tradition. Against this background,
they acknowledge the need for new arrangements and structures - to
reflect the reality of diverse aspirations, to reconcile as fully
as possible the rights of both traditions, and to promote
co-operation between them, so as to foster the process of
developing agreement and consensus between all the people of
Ireland.
19. They agree that future arrangements relating to Northern Ireland,
and Northern Ireland's wider relationships, should respect the full
and equal legitimacy and worth of the identity, sense of
allegiance, aspiration and ethos of both the unionist and
nationalist communities there. Consequently, both Governments
commit themselves to the principle that institutions and
arrangements in Northern Ireland and North/South institutions
should afford both communities secure and satisfactory political,
administrative and symbolic expression and protection. In
particular, they commit themselves to entrenched provisions
guaranteeing equitable and effective political participation for
whichever community finds itself in a minority position by
reference to the Northern Ireland framework, or the wider Irish
framework, as the case may be, consequent upon the operation of the
principle of consent.
20. The British Government reaffirm that they will uphold the
democratic wish of a greater number of the people of Northern
Ireland on the issue of whether they prefer to support the Union or
a sovereign united Ireland. On this basis, they reiterate that
they have no selfish strategic or economic interest in Northern
Ireland. For as long as the democratic wish of the people of
Northern Ireland is for no change in its present status, the
British Government pledge that their jurisdiction there will be
exercised with rigorous impartiality on behalf of all the people of
Northern Ireland in their diversity. It will be founded on the
principles outlined in the previous paragraph with emphasis on full
respect for, and equality of, civil, political, social and cultural
rights and freedom from discrimination for all citizens, on parity
of esteem, and on just and equal treatment for the identity, ethos
and aspirations of both communities. The British Government will
discharge their responsibilities in a way which does not prejudice
the freedom of the people of Northern Ireland to determine, by
peaceful and democratic means, its future constitutional status,
whether in remaining a part of the United Kingdom or in forming
part of a united Ireland. They will be equally cognizant of either
option and open to its democratic realisation, and will not impede
the latter option, their primary interest being to see peace,
stability and reconciliation established by agreement among the
people who inhabit the island. This new approach for Northern
Ireland, based on the continuing willingness to accept the will of
a majority of the people there, will be enshrined in British
constitutional legislation embodying the principles and commitments
in the Joint Declaration and this Framework Document, either by
amendment of the Government of Ireland Act 1920 or by its
replacement by appropriate new legislation, and appropriate new
provisions entrenched by agreement.
21. As part of an agreement confirming the foregoing understanding
between the two Governments on constitutional issues, the Irish
Government will introduce and support proposals for change in the
Irish Constitution to implement the commitments in the Joint
Declaration. These changes in the Irish Constitution will fully
reflect the principle of consent in Northern Ireland and
demonstrably be such that no territorial claim of right to
jurisdiction over Northern Ireland contrary to the will of a
majority of its people is asserted, while maintaining the existing
birthright of everyone born in either jurisdiction in Ireland to be
part, as of right, of the Irish nation. They will enable a new
Agreement to be ratified which will include, as part of a new and
equitable dispensation for Northern Ireland embodying the
principles and commitments in the Joint Declaration and this
Framework Document, recognition by both Governments of the
legitimacy of whatever choice is freely exercised by a majority of
the people of Northern Ireland with regard to its constitutional
status, whether they prefer to continue to support the Union or a
sovereign united Ireland.
Structures in Northern Ireland
22. Both Governments recognise that new political structures within
Northern Ireland must depend on the co-operation of elected
representatives there. They confirm that cross-community agreement
is an essential requirement for the establishment and operation of
such structures. They strongly favour and will support provision
for cross-community consensus in relation to decisions affecting
the basic rights, concerns and fundamental interests of both
communities, for example on the lines adumbrated in Strand 1
discussions in the 1992 round-table talks.
23. While the principles and overall context for such new structures
are a recognised concern of both Governments in the exercise of
their respective responsibilities, they consider that the
structures themselves would be most effectively negotiated, as part
of a comprehensive three-stranded process, in direct dialogue
involving the relevant political parties in Northern Ireland who
would be called upon to operate them.
North/South Institutions
24. Both Governments consider that new institutions should be created
to cater adequately for present and future political, social and
economic inter-connections on the island of Ireland, enabling
representatives of the main traditions, North and South, to enter
agreed dynamic, new, co-operative and constructive relationships.
25. Both Governments agree that these institutions should include a
North/South body involving Heads of Department on both sides and
duly established and maintained by legislation in both sovereign
Parliaments. This body would bring together these Heads of
Department representing the Irish Government and new democratic
institutions in Northern Ireland, to discharge or oversee delegated
executive, harmonising or consultative functions, as appropriate,
over a range of matters which the two Governments designate in the
first instance in agreement with the parties or which the two
administrations, North and South, subsequently agree to designate.
It is envisaged that, in determining functions to be discharged or
overseen by the North/South body, whether by executive action,
harmonisation or consultation, account will be taken of:
(i) the common interest in a given matter on the part of both
parts of the island; or
(ii) the mutual advantage of addressing a matter together; or
(iii) the mutual benefit which may derive from it being
administered by the North/South body; or
(iv) the achievement of economies of scale and the avoidance
of unnecessary duplication of effort.
In relevant posts in each of the two administrations participation
in the North/South body would be a duty of service. Both
Governments believe that the legislation should provide for a clear
institutional identity and purpose for the North/South body. It
would also establish the body's terms of reference, legal status
and arrangements for political, legal, administrative and financial
accountability. The North/South body could operate through, or
oversee, a range of functionally-related subsidiary bodies or other
entities established to administer designated functions on an
all-island or cross-border basis.
26. Specific arrangements would need to be developed to apply to EU
matters. Any EU matter relevant to the competence of either
administration could be raised for consideration in the North/South
body. Across all designated matters and in accordance with the
delegated functions, both Governments agree that the body will have
an important role, with their support and co-operation and in
consultation with them, in developing on a continuing basis an
agreed approach for the whole island in respect of the challenges
and opportunities of the European Union. In respect of matters
designated at the executive level, which would include all EC
programmes and initiatives to be implemented on a cross-border or
island-wide basis in Ireland, the body itself would be responsible,
subject to the Treaty obligations of each Government, for the
implementation and management of EC policies and programmes on a
joint basis. This would include the preparation, in consultation
with the two Governments, of joint submissions under EC programmes
and initiatives and their joint monitoring and implementation,
although individual projects could be implemented either jointly or
separately.
27. Both Governments envisage regular and frequent meetings of the
North/South body:
- to discharge the functions agreed for it in relation to a range
of matters designated for treatment on an all-Ireland or
cross-border basis;
- to oversee the work of subsidiary bodies.
28. The two Governments envisage that legislation in the sovereign
Parliaments should designate those functions which should, from the
outset, be discharged or overseen by the North/South body; and
they will seek agreement on these, as on other features of
North/South arrangements, in discussion with the relevant political
parties in Northern Ireland. It would also be open to the
North/South body to recommend to the respective administrations and
legislatures for their consideration that new functions should be
designated to be discharged or overseen by that body; and to
recommend that matters already designated should be moved on the
scale between consultation, harmonisation and executive action.
Within those responsibilities transferred to new institutions in
Northern Ireland, the British Government have no limits of their
own to impose on the nature and extent of functions which could be
agreed for designation at the outset or, subsequently, between the
Irish Government and the Northern Ireland administration. Both
Governments expect that significant responsibilities, including
meaningful functions at executive level, will be a feature of such
agreement. The British Government believe that, in principle, any
function devolved to the institutions in Northern Ireland could be
so designated, subject to any necessary savings in respect of the
British Government's powers and duties, for example to ensure
compliance with EU and international obligations. The Irish
Government also expect to designate a comparable range of
functions.
29. Although both Governments envisage that representatives of North
and South in the body could raise for discussion any matter of
interest to either side which falls within the competence of either
administration, it is envisaged, as already mentioned, that its
designated functions would fall into three broad categories:
consultative: the North/South body would be a forum where the
two sides would consult on any aspect of designated matters on
which either side wished to hold consultations. Both sides
would share a duty to exchange information and to consult about
existing and future policy, though there would be no formal
requirement that agreement would be reached or that policy
would be harmonised or implemented jointly, but the development
of mutual understanding or common or agreed positions would be
the general goal;
harmonising: in respect of these designated responsibilities
there would be, in addition to the duty to exchange information
and to consult on the formulation of policy, an obligation on
both sides to use their best endeavours to reach agreement on a
common policy and to make determined efforts to overcome any
obstacles in the way of that objective, even though its
implementation might be undertaken by the two administrations
separately;
executive: in the case of these designated responsibilities
the North/South body would itself be directly responsible for
the establishment of an agreed policy and for its
implementation on a joint basis. It would however be open to
the body, where appropriate, to agree that the implementation
of the agreed policy would be undertaken either by existing
bodies, acting in an agency capacity, whether jointly or
separately, North and South, or by new bodies specifically
created and mandated for this purpose.
30. In this light, both Governments are continuing to give
consideration to the range of functions that might, with the
agreement of the parties, be designated at the outset and
accordingly they will be ready to make proposals in that regard in
future discussions with the relevant Northern Ireland parties.
31. By way of illustration, it is intended that these proposals would
include at the executive level a range of functions, clearly
defined in scope, from within the following broad categories:
- sectors involving a natural or physical all-Ireland framework;
- EC programmes and initiatives;
- marketing and promotion activities abroad;
- culture and heritage.
32. Again, by way of illustration, the Governments would make proposals
at the harmonising level for a broader range of functions, clearly
defined in scope (including, as appropriate, relevant EU aspects),
from within the following categories:
aspects of -
agriculture and fisheries;
industrial development;
consumer affairs;
transport;
energy;
trade;
health;
social welfare;
education; and
economic policy.
33. By way of example, the category of agriculture and fisheries might
include agricultural and fisheries research, training and advisory
services, and animal welfare; health might include co-operative
ventures in medical, paramedical and nursing training, cross-border
provision of hospital services and major emergency/accident
planning; and education might include mutual recognition of
teacher qualifications, co-operative ventures in higher education,
in teacher training, in education for mutual understanding and in
education for specialised needs.
34. The Governments also expect that a wide range of functions would be
designated at the consultative level.
35. Both Governments envisage that all decisions within the body would
be by agreement between the two sides. The Heads of Department on
each side would operate within the overall terms of reference
mandated by legislation in the two sovereign Parliaments. They
would exercise their powers in accordance with the rules for
democratic authority and accountability for this function in force
in the Oireachtas and in new institutions in Northern Ireland. The
operation of the North/South body's functions would be subject to
regular scrutiny in agreed political institutions in Northern
Ireland and the Oireachtas respectively.
36. Both Governments expect that there would be a Parliamentary Forum,
with representatives from agreed political institutions in Northern
Ireland and members of the Oireachtas, to consider a wide range of
matters of mutual interest.
37. Both Governments envisage that the framework would include
administrative support staffed jointly by members of the Northern
Ireland Civil Service and the Irish Civil Service. They also
envisage that both administrations will need to arrange finance for
the North/South body and its agencies on the basis that these
constitute a necessary public function.
38. Both Governments envisage that this new framework should serve to
help heal the divisions among the communities on the island of
Ireland; provide a forum for acknowledging the respective
identities and requirements of the two major traditions; express
and enlarge the mutual acceptance of the validity of those
traditions; and promote understanding and agreement among the
people and institutions in both parts of the island. The remit of
the body should be dynamic, enabling progressive extension by
agreement of its functions to new areas. Its role should develop
to keep pace with the growth of harmonisation and with greater
integration between the two economies.
East-West Structures
39. Both Governments envisage a new and more broadly-based Agreement,
developing and extending their co-operation, reflecting the
totality of relationships between the two islands, and dedicated to
fostering co-operation, reconciliation and agreement in Ireland at
all levels.
40. They intend that under such a new Agreement a standing
Intergovernmental Conference will be maintained, chaired by the
designated Irish Minister and by the Secretary of State for
Northern Ireland. It would be supported by a Permanent Secretariat
of civil servants from both Governments.
41. The Conference will be a forum through which the two Governments
will work together in pursuance of their joint objectives of
securing agreement and reconciliation amongst the people of the
island of Ireland and of laying the foundations for a peaceful and
harmonious future based on mutual trust and understanding between
them.
42. The Conference will provide a continuing institutional expression
for the Irish Government's recognised concern and role in relation
to Northern Ireland. The Irish Government will put forward views
and proposals on issues falling within the ambit of the new
Conference or involving both Governments, and determined efforts
will be made to resolve any differences between the two
Governments. The Conference will be the principal instrument for
an intensification of the co-operation and partnership between both
Governments, with particular reference to the principles contained
in the Joint Declaration, in this Framework Document and in the new
Agreement, on a wide range of issues concerned with Northern
Ireland and with the relations between the two parts of the island
of Ireland. It will facilitate the promotion of lasting peace,
stability, justice and reconciliation among the people of the
island of Ireland and maintenance of effective security
co-operation between the two Governments.
43. Both Governments believe that there should also be provision in the
Agreement for developing co-operation between the two Governments
and both islands on a range of "East-West" issues and bilateral
matters of mutual interest not covered by other specific
arrangements, either through the Anglo-Irish Intergovernmental
Council, the Conference or otherwise.
44. Both Governments accept that issues of law and order in Northern
Ireland are closely intertwined with the issues of political
consensus. For so long as these matters are not devolved, it will
be for the Governments to consider ways in which a climate of
peace, new institutions and the growth of political agreement may
offer new possibilities and opportunities for enhancing community
identification with policing in Northern Ireland, while maintaining
the most effective possible deployment of the resources of each
Government in their common determination to combat crime and
prevent any possible recourse to the use or threat of violence for
political ends, from any source whatsoever.
45. The Governments envisage that matters for which responsibility is
transferred to new political institutions in Northern Ireland will
be excluded from consideration in the Conference, except to the
extent that the continuing responsibilities of the Secretary of
State for Northern Ireland are relevant, or that cross-border
aspects of transferred issues are not otherwise provided for, or in
the circumstances described in the following paragraph.
46. The Intergovernmental Conference will be a forum for the two
Governments jointly to keep under review the workings of the
Agreement and to promote, support and underwrite the fair and
effective operation of all its provisions and the new arrangements
established under it. Where either Government considers that any
institution, established as part of the overall accommodation, is
not properly functioning within the Agreement or that a breach of
the Agreement has otherwise occurred, the Conference shall consider
the matter on the basis of a shared commitment to arrive at a
common position or, where that is not possible, to agree a
procedure to resolve the difference between them. If the two
Governments conclude that a breach has occurred in any of the above
circumstances, either Government may make proposals for remedy and
adequate measures to redress the situation shall be taken.
However, each Government will be responsible for the implementation
of such measures of redress within its own jurisdiction. There
would be no derogation from the sovereignty of either Government;
each will retain responsibility for the decisions and
administration of government within its own jurisdiction.
47. In the event that devolved institutions in Northern Ireland ceased
to operate, and direct rule from Westminster was reintroduced, the
British Government agree that other arrangements would be made to
implement the commitment to promote co-operation at all levels
between the people, North and South, representing both traditions
in Ireland, as agreed by the two Governments in the Joint
Declaration, and to ensure that the co-operation that had been
developed through the North/South body be maintained.
48. Both Governments envisage that representatives of agreed political
institutions in Northern Ireland may be formally associated with
the work of the Conference, in a manner and to an extent to be
agreed by both Governments after consultation with them. This
might involve giving them advance notice of what is to be discussed
in the Conference, enabling them to express views to either
Government and inviting them to participate in various aspects of
the work of the Conference. Other more structured arrangements
could be devised by agreement.
49. The Conference will also be a framework for consultation and
coordination between both Governments and the new North/South
institutions, where the wider role of the two Governments is
particularly relevant to the work of those institutions, for
example in a coordinated approach on EU issues. It would be for
consideration by both Governments, in consultation with the
relevant parties in the North, or with the institutions after they
have been established, whether to achieve this through formal or ad
hoc arrangements.
Protection of Rights
50. There is a large body of support, transcending the political
divide, for the comprehensive protection and guarantee of
fundamental human rights. Acknowledging this, both Governments
envisage that the arrangements set out in this Framework Document
will be complemented and underpinned by an explicit undertaking in
the Agreement on the part of each Government, equally, to ensure in
its jurisdiction in the island of Ireland, in accordance with its
constitutional arrangements, the systematic and effective
protection of common specified civil, political, social and
cultural rights. They will discuss and seek agreement with the
relevant political parties in Northern Ireland as to what rights
should be so specified and how they might best be further
protected, having regard to each Government's overall
responsibilities including its international obligations. Each
Government will introduce appropriate legislation in its
jurisdiction to give effect to any such measure of agreement.
51. In addition, both Governments would encourage democratic
representatives from both jurisdictions in Ireland to adopt a
Charter or Covenant, which might reflect and endorse agreed
measures for the protection of the fundamental rights of everyone
living in Ireland. It could also pledge a commitment to mutual
respect and to the civil rights and religious liberties of both
communities, including:
- the right of free political thought,
- the right to freedom and expression of religion,
- the right to pursue democratically national and political
aspirations,
- the right to seek constitutional change by peaceful and
legitimate means,
- the right to live wherever one chooses without hindrance,
- the right to equal opportunity in all social and economic
activity, regardless of class, creed, gender or colour.
52. This Charter or Covenant might also contain a commitment to the
principle of consent in the relationships between the two
traditions in Ireland. It could incorporate also an enduring
commitment on behalf of all the people of the island to guarantee
and protect the rights, interests, ethos and dignity of the
unionist community in any all-Ireland framework that might be
developed with consent in the future, to at least the same extent
as provided for the nationalist community in the context of
Northern Ireland under the structures and provisions of the new
Agreement.
53. The Covenant might also affirm on behalf of all traditions in
Ireland a solemn commitment to the exclusively peaceful resolution
of all differences between them including in relation to all issues
of self-determination, and a solemn repudiation of all recourse to
violence between them for any political end or purpose.
Conclusion
54. Both Governments agree that the issues set out in this Framework
Document should be examined in the most comprehensive attainable
negotiations with democratically mandated political parties in
Northern Ireland which abide exclusively by peaceful means and wish
to join in dialogue on the way ahead.
55. Both Governments intend that the outcome of these negotiations will
be submitted for democratic ratification through referendums, North
and South.
56. Both Governments believe that the present climate of peace, which
owes much to the imagination, courage and steadfastness of all
those who have suffered from violence, offers the best prospect for
the Governments and the parties in Northern Ireland to work to
secure agreement and consent to a new political accommodation. To
accomplish that would be an inestimable prize for all, and
especially for people living in Northern Ireland, who have so much
to gain from such an accommodation, in which the divisions of the
past are laid aside for ever and differences are resolved by
exclusively political means. Both Governments believe that a new
political dispensation, such as they set out in this Framework
Document, achieved through agreement and reconciliation and founded
on the principle of consent, would achieve that objective and
transform relationships in Northern Ireland, in the island of
Ireland and between both islands.
57. With agreement, co-operation to the mutual benefit of all living in
Ireland could develop without impediment, attaining its full
potential for stimulating economic growth and prosperity. New
arrangements could return power, authority and responsibility to
locally-elected representatives in Northern Ireland on a basis
acceptable to both sides of the community, enabling them to work
together for the common welfare and interests of all the community.
The diversity of identities and allegiances could be regarded by
all as a source of mutual enrichment, rather than a threat to
either side. The divisive issue of sovereignty might cease to be
symbolic of the domination of one community over another. It would
instead be for decision under agreed ground-rules, fair and
balanced towards both aspirations, through a process of democratic
persuasion governed by the principle of consent rather than by
threat, fear or coercion. In such circumstances the Governments
hope that the relationship between the traditions in Northern
Ireland could become a positive bond of further understanding,
co-operation and amity, rather than a source of contention, between
the wider British and Irish democracies.
58. Accordingly the British and Irish Governments offer for
consideration and strongly commend these proposals, trusting that,
with generosity and goodwill, the peoples of these islands will
build on them a new and lasting agreement.
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