Agreement Reached in the Multi-Party Negotiations - Transitional ...

5. DEALING WITH THE PAST
5.1 The Good Friday Agreement
The Good Friday Agreement did not provide for a formal, centralized mechanism for
publicly re-examining the conflict, primarily because of the lack of consensus about the
past. Whether an armed conflict took place, what it was about, what caused it and who
were the protagonists were all contentious issues. Bell has noted that the Good Friday
Agreement ‘was fashioned so as to avoid the need for a societal narrative, and this has
continued to underwrite developments relating to the past.’ 42
With no agreed societal narrative, is it possible for women to present a narrative? Even
without shared agreement about the conflict, there are shared experiences of the conflict.
Women on both sides of the sectarian divide had different and similar experiences during
the Troubles; as indeed had men. Men mainly perpetuated the acts of violence – both on
the paramilitary and the State side. It was mostly men that were incarcerated. Do gendered
experiences of violence and conflict mean that there are gendered ideas and approaches to
important transitional issues such as reconciliation, restitution and impunity? Does the past
have a gender dimension? The following issues arising from the past had aspects with
particular relevance for women: truth telling; victims; impunity; compensation; institutional
reform; and prisoners.
The Good Friday Agreement addressed the past by affirming a better future:
The tragedies of the past have left a deep and profoundly regrettable legacy of suffering. We must
never forget those who have died or been injured, and their families. But we can best honour them
through a fresh start, in which we firmly dedicate ourselves to the achievement of reconciliation,
tolerance, and mutual trust, and to the protection and vindication of the human rights of all.
While there is no explicit reference to gender, the suffering of the families of those killed
or injured is acknowledged. Through ‘a fresh start’ the parties would dedicate themselves
to the ‘vindication of the human rights of all’. Written to promote mutual trust between
the Nationalist and Unionist communities, the commitment to inclusiveness through
human rights could further the rights of women.
Acknowledging ‘the suffering of the victims of violence as a necessary element of
reconciliation’ the participants had to await the results of the work of the Northern Ireland
Victims Commission. 43 Nevertheless, under the Agreement the victims have a right to
‘remember as well as to contribute to a changed society. The achievement of a peaceful
and just society would be the true memorial to the victims of violence.’ The provision of
services ‘that are supportive and sensitive to the needs of victims will also be a critical
element’; ‘sufficient resources’ would be allocated ‘to meet the needs of victims and to
provide for community-based support programmes’.
With regard to prisoners, mechanisms would be put in place ‘to provide for an accelerated
programme for the release of prisoners’ within a proscribed time frame. There was,
however, no provision for those not yet convicted, or convicted but not in prison. The
Agreement introduced an early release scheme rather than an amnesty, and reintegration
42 Bell, C. Dealing with the Past in Northern Ireland, Fordham International Law Journal, Vol. 26, no. 4, April
2003
43 This was established in November 1997
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