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

9.11.4 Other Policing Challenges
Despite new developments, Nationalist confidence in the PSNI remains critical. This has
given rise to some novel investigative mechanisms. In the case of Sean Brown, where a
police investigation into his murder was shown to be woefully inadequate, a new
investigation invited witnesses to go to the Police Ombudsman, or local human rights
NGO, the Pat Finucane Centre – in an indirect acknowledgement that witnesses may not
go to the police. In the killing of Robert McCartney, apparently by members of the IRA,
it has been suggested that the Police Ombudsman may have a role for some of the same
reasons. These measures show that where issues of confidence arise they can be
addressed by novel mechanisms; this has implications for women in other arenas such as
the reporting of domestic violence or sexual violence.
The Robert McCartney case, however, also raises questions about the broader definition
of ‘politics’ and how women are perceived with relation to it. The case has been
progressed by the sisters and partner of the dead man. When it was mooted that one of
the McCartney sisters might run for election and that the basis of her candidacy would be
human rights, Sinn Féin negotiator Martin McGuinness warned the family that they
should be careful not to cross ‘the very important line into the world of party politics’,
raising the question of where that line is, and what is its significance and relationship to
justice battles.
9.12 International Best Practice
The ‘UN Expert Group on Peace agreements as a means for promoting gender equality
and ensuring participation of women – A framework of model provisions’ 322 advocates the
following:
• In States coming out of conflict, the security forces should ‘provide, whenever
the need arises, ongoing protection for women and girls under threat of
physical violence and ensure freedom of secure movement of women and
girls’. They should also ‘provide security to ensure that women and girls can be
active members of the society (e.g. access to education/health facilities,
markets etc.)’ Policing around the Holy Cross schooling issue was a failure in
these terms.
• ‘Disarmament must aim to secure freedom of movement of women and girls,
including dismantling and removal of all road blocks, bunkers and military
camps.’
• ‘Screening incoming personnel shall include their prior history with regards to
human rights abuses and violence against women, including domestic violence,
with specific attention to their conduct throughout the conflict. Persons with
such histories are to be excluded.’ How is this effected in Northern Ireland in
relation to the police and with regard to anti-discrimination measures for exprisoners?
• ‘Training for the new police force shall be provided and shall include training
with regard to human rights and gender-based violence, including domestic
violence. This training shall draw upon the expertise of women’s NGOs.
Gender units shall be established in police posts as soon as feasible.’
322 United Nations Division for the Advancement of Women (2003), Peace agreements as a means for
promoting gender equality and ensuring participation of women – A framework of model provisions, Report
of the expert group meeting Ottawa, Canada, November 10-13, 2003 (New York: United Nations Division
for the Advancement of Women)
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