Good Friday Agreement
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The Good Friday Agreement (GFA), or Belfast Agreement ( ga, Comhaontú Aoine an Chéasta or ; Ulster-Scots: or ), is a pair of agreements signed on 10 April 1998 that ended most of the violence of
The Troubles The Troubles ( ga, Na Trioblóidí) were an ethno-nationalist conflict in Northern Ireland that lasted about 30 years from the late 1960s to 1998. Also known internationally as the Northern Ireland conflict, it is sometimes described as an "i ...
, a political conflict in
Northern Ireland Northern Ireland ( ga, Tuaisceart Éireann ; sco, label=Ulster Scots dialect, Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is #Descriptions, variously described as ...
that had prevailed since the late 1960s. It was a major development in the Northern Ireland peace process of the 1990s. It is made up of the Multi-Party Agreement between most of Northern Ireland's political parties, and the BritishIrish Agreement between the British and Irish governments. Northern Ireland's present devolved system of government is based on the agreement. Issues relating to
sovereignty Sovereignty is the defining authority within individual consciousness, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the perso ...
, governance,
discrimination Discrimination is the act of making unjustified distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong. People may be discriminated on the basis of Racial discrimination, r ...
, military and paramilitary groups, justice and policing were central to the agreement. It restored self-government to Northern Ireland on the basis of "
power sharing Power sharing is a practice in conflict resolution where multiple groups distribute political, military, or economic power among themselves according to agreed rules. It can refer to any formal framework or informal pact that regulates the distri ...
" and it included acceptance of the principle of consent, commitment to
civil and political rights Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life ...
,
cultural Culture () is an umbrella term which encompasses the social behavior, institutions, and norms found in human societies, as well as the knowledge, beliefs, arts, laws, customs, capabilities, and habits of the individuals in these groups.T ...
parity of esteem, police reform, paramilitary disarmament and early release of paramilitary prisoners, followed by
demilitarisation Demilitarisation or demilitarization may mean the reduction of state armed forces; it is the opposite of militarisation in many respects. For instance, the demilitarisation of Northern Ireland entailed the reduction of British security and military ...
. The agreement also created a number of institutions between Northern Ireland and the
Republic of Ireland Ireland ( ga, Éire ), also known as the Republic of Ireland (), is a country in north-western Europe consisting of 26 of the 32 counties of the island of Ireland. The capital and largest city is Dublin, on the eastern side of the island. ...
("North–South"), and between the Republic of Ireland and the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and ...
("East–West"). The agreement was approved by voters across the island of
Ireland Ireland ( ; ga, Éire ; Ulster-Scots: ) is an island in the North Atlantic Ocean, in north-western Europe. It is separated from Great Britain to its east by the North Channel, the Irish Sea, and St George's Channel. Ireland is the s ...
in two
referendum A referendum (plural: referendums or less commonly referenda) is a Direct democracy, direct vote by the Constituency, electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a Representative democr ...
s held on 22 May 1998. In Northern Ireland, voters were asked in the
1998 Northern Ireland Good Friday Agreement referendum The Good Friday Agreement referendum, 1998 was a referendum held in Northern Ireland over whether there was support for the Good Friday Agreement. The result was a majority (71.1%) in favour. A simultaneous 1998 Irish constitutional referendum ...
whether they supported the multi-party agreement. In the Republic of Ireland, voters were asked whether they would allow the state to sign the agreement and allow necessary constitutional changes ( Nineteenth Amendment of the Constitution of Ireland) to facilitate it. The people of both jurisdictions needed to approve the agreement in order to give effect to it. The BritishIrish Agreement came into force on 2 December 1999. The
Democratic Unionist Party The Democratic Unionist Party (DUP) is a unionist, loyalist, and national conservative political party in Northern Ireland. It was founded in 1971 during the Troubles by Ian Paisley, who led the party for the next 37 years. Currently led by J ...
(DUP) was the only major political group in Northern Ireland to oppose the Good Friday Agreement.


History and process

When the
Irish Free State The Irish Free State ( ga, Saorstát Éireann, , ; 6 December 192229 December 1937) was a state established in December 1922 under the Anglo-Irish Treaty of December 1921. The treaty ended the three-year Irish War of Independence between ...
was established in 1922 (under the
Anglo-Irish Treaty The 1921 Anglo-Irish Treaty ( ga , An Conradh Angla-Éireannach), commonly known in Ireland as The Treaty and officially the Articles of Agreement for a Treaty Between Great Britain and Ireland, was an agreement between the government of the ...
of December 1921), six of the island's northern counties remained part of the United Kingdom. For Northern Ireland the decades that followed were marked by tensions and controversies, sometimes spilling over into violence, between unionists who favoured remaining with Britain and nationalists who favoured unification with the Irish Free State (later the Republic of Ireland). Starting in the late 1960s this conflict became more intense and more violent. In the ensuing 30+ year period over 3,500 deaths were attributed to these hostilities which came to be known as The Troubles. Serious political efforts to end the conflict began in the late 1980s and continued through the 1990s. Ceasefires were declared and later broken. The agreement came after very many years of complex talks, proposals, and compromises. Many people made major contributions.
Tony Blair Sir Anthony Charles Lynton Blair (born 6 May 1953) is a British former politician who served as Prime Minister of the United Kingdom from 1997 to 2007 and Leader of the Labour Party from 1994 to 2007. He previously served as Leader of t ...
and
Bertie Ahern Bartholomew Patrick "Bertie" Ahern (born 12 September 1951) is an Irish former Fianna Fáil politician who served as Taoiseach from 1997 to 2008, Leader of Fianna Fáil from 1994 to 2008, Leader of the Opposition from 1994 to 1997, Tánaiste a ...
were leaders of the UK and the Republic of Ireland at the time. The talks were chaired by United States special envoy
George J. Mitchell George John Mitchell Jr. (born August 20, 1933) is an American politician, diplomat, and lawyer. A leading member of the Democratic Party, he served as a United States senator from Maine from 1980 to 1995, and as Senate Majority Leader from ...
.


Structure of agreement

The agreement is made up of two inter-related documents, both agreed in
Belfast Belfast ( , ; from ga, Béal Feirste , meaning 'mouth of the sand-bank ford') is the capital and largest city of Northern Ireland, standing on the banks of the River Lagan on the east coast. It is the 12th-largest city in the United Kingdom ...
on
Good Friday Good Friday is a Christian holiday commemorating the crucifixion of Jesus and his death at Calvary. It is observed during Holy Week as part of the Paschal Triduum. It is also known as Holy Friday, Great Friday, Great and Holy Friday (also Holy ...
, 10 April 1998: # a multi-party agreement by most of Northern Ireland's political parties (the Multi-Party Agreement); # an international agreement between the British and Irish governments (the BritishIrish Agreement). The agreement set out a complex series of provisions relating to a number of areas including: * The status and system of government of Northern Ireland within the United Kingdom. (Strand 1) * The relationship between Northern Ireland and the Republic of Ireland. (Strand 2) * The relationship between the Republic of Ireland and the United Kingdom. (Strand 3)


Parties and structure of government

The agreement was made between the British and Irish governments and eight political parties or groupings from Northern Ireland. Three were representative of
unionism Unionism may refer to: Trades *Community unionism, the ways trade unions work with community organizations *Craft unionism, a model of trade unionism in which workers are organised based on a particular craft or trade *Dual unionism, the developm ...
: the
Ulster Unionist Party The Ulster Unionist Party (UUP) is a unionist political party in Northern Ireland. The party was founded in 1905, emerging from the Irish Unionist Alliance in Ulster. Under Edward Carson, it led unionist opposition to the Irish Home Rule m ...
which had led unionism in
Ulster Ulster (; ga, Ulaidh or ''Cúige Uladh'' ; sco, label= Ulster Scots, Ulstèr or ''Ulster'') is one of the four traditional Irish provinces. It is made up of nine counties: six of these constitute Northern Ireland (a part of the United Kin ...
since the beginning of the 20th century, and two smaller parties associated with Loyalist paramilitaries, the
Progressive Unionist Party The Progressive Unionist Party (PUP) is a minor unionist political party in Northern Ireland. It was formed from the Independent Unionist Group operating in the Shankill area of Belfast, becoming the PUP in 1979. Linked to the Ulster Volun ...
(linked with the
Ulster Volunteer Force The Ulster Volunteer Force (UVF) is an Ulster loyalist paramilitary group. Formed in 1965, it first emerged in 1966. Its first leader was Gusty Spence, a former British Army soldier from Northern Ireland. The group undertook an armed campaign ...
(UVF)), and Ulster Democratic Party (the political wing of the
Ulster Defence Association The Ulster Defence Association (UDA) is an Ulster loyalist paramilitary group in Northern Ireland. It was formed in September 1971 as an umbrella group for various loyalist groups and undertook an armed campaign of almost 24 years as one of t ...
(UDA)). Two were broadly labelled
nationalist Nationalism is an idea and movement that holds that the nation should be congruent with the state. As a movement, nationalism tends to promote the interests of a particular nation (as in a group of people), Smith, Anthony. ''Nationalism: Th ...
: the Social Democratic and Labour Party, and
Sinn Féin Sinn Féin ( , ; en, " eOurselves") is an Irish republican and democratic socialist political party active throughout both the Republic of Ireland and Northern Ireland. The original Sinn Féin organisation was founded in 1905 by Arthur Gr ...
, the republican party associated with the
Provisional Irish Republican Army The Irish Republican Army (IRA; ), also known as the Provisional Irish Republican Army, and informally as the Provos, was an Irish republican paramilitary organisation that sought to end British rule in Northern Ireland, facilitate Irish reu ...
. Independent of these rival traditions, were two other Assembly parties, the cross-community Alliance Party and the
Northern Ireland Women's Coalition The Northern Ireland Women's Coalition (NIWC) was a minor cross-community political party in Northern Ireland from 1996 to 2006. The NIWC was founded by Catholic academic Monica McWilliams and Protestant social worker Pearl Sagar to contest ele ...
. There was also the grouping
Labour Coalition The Labour Coalition was an electoral coalition in Northern Ireland of socialist and labour groups, formed to stand in the 1996 Northern Ireland Forum elections.Bill Clinton William Jefferson Clinton (né Blythe III; born August 19, 1946) is an American politician who served as the 42nd president of the United States from 1993 to 2001. He previously served as governor of Arkansas from 1979 to 1981 and again ...
to chair the talks. The agreement comprises two elements: * a treaty between the two states, signed by the leaders of the two governments; and * a more substantial agreement between the eight political parties and the two governments. The former text has just four articles; it is that short text that is the legal agreement, but it incorporates in its schedules the latter agreement. Technically, this scheduled agreement can be distinguished as the ''Multi-Party Agreement'', as opposed to the Belfast Agreement itself. The vague wording of some of the provisions, described as "constructive ambiguity", helped ensure acceptance of the agreement and served to postpone debate on some of the more contentious issues. Most notably these included paramilitary decommissioning, police reform and the normalisation of Northern Ireland.


Status of Northern Ireland

The agreement acknowledged: * that the majority of the people of Northern Ireland wished to remain a part of the United Kingdom; * that a substantial section of the people of Northern Ireland, and the majority of the people of the island of Ireland, wished to bring about a united Ireland. Both of these views were acknowledged as being legitimate. For the first time, the Irish government accepted in a binding international agreement that Northern Ireland was part of the United Kingdom.Austen Morgan, The Hand of History? Legal Essays on the Belfast Agreement, The Belfast Press Limited, 2011 pg. 7 The Irish Constitution was also amended to implicitly recognise Northern Ireland as part of the United Kingdom's sovereign territory, conditional upon the consent for a united Ireland from majorities of the people in both jurisdictions on the island. On the other hand, the language of the agreement reflects a switch in the United Kingdom's statutory emphasis from one for the union to one for a united Ireland. The agreement thus left the issue of future sovereignty over Northern Ireland open-ended. The agreement reached was that Northern Ireland was part of the United Kingdom, and would remain so until a majority of the people both of Northern Ireland and of the Republic of Ireland wished otherwise. Should that happen, then the British and Irish governments are under "a binding obligation" to implement that choice. Irrespective of Northern Ireland's constitutional status within the United Kingdom, or part of a united Ireland, the right of "the people of Northern Ireland" to "identify themselves and be accepted as Irish or British, or both" (as well as their right to hold British or
Irish citizen Irish nationality law details the conditions by which a person is a national of the Republic of Ireland. The primary law governing these regulations is the Irish Nationality and Citizenship Act, 1956, which came into force on 17 July 1956. R ...
ship or both) was recognised. By the words "people of Northern Ireland" the Agreement meant "all persons born in Northern Ireland and having, at the time of their birth, at least one parent who is a British citizen, an Irish citizen or is otherwise entitled to reside in Northern Ireland without any restriction on their period of residence." The two governments also agreed, irrespective of the position of Northern Ireland:
the power of the sovereign government with jurisdiction there shall be exercised with rigorous impartiality on behalf of all the people in the diversity of their identities and traditions and shall be founded on the principles of full respect for, and equality of, civil, political, economic, social and cultural rights, of freedom from discrimination for all citizens, and of parity of esteem and of just and equal treatment for the identity, ethos and aspirations of both communities.
As part of the agreement, the
British parliament The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprem ...
repealed the
Government of Ireland Act 1920 The Government of Ireland Act 1920 (10 & 11 Geo. 5 c. 67) was an Act of the Parliament of the United Kingdom. The Act's long title was "An Act to provide for the better government of Ireland"; it is also known as the Fourth Home Rule Bill ...
(which had established Northern Ireland, partitioned Ireland and asserted a territorial claim over all of Ireland) and the people of the Republic of Ireland amended
Articles 2 and 3 of the Constitution of Ireland Article 2 and Article 3 of the Constitution of Ireland ( ga, Bunreacht na hÉireann) were adopted with the Constitution of Ireland as a whole on 29 December 1937, but revised completely by means of the Nineteenth Amendment which became effectiv ...
, which asserted a territorial claim over Northern Ireland.


New institutions

The agreement sets out a framework for the creation and number of institutions across three "strands".


Strand 1

Strand 1 dealt with the democratic institutions of Northern Ireland and established two major institutions: *
Northern Ireland Assembly sco-ulster, Norlin Airlan Assemblie , legislature = Seventh Assembly , coa_pic = File:NI_Assembly.svg , coa_res = 250px , house_type = Unicameral , house1 = , leader1_type = S ...
*
Northern Ireland Executive The Northern Ireland Executive is the devolved government of Northern Ireland, an administrative branch of the legislature – the Northern Ireland Assembly. It is answerable to the assembly and was initially established according to the ...
The Northern Ireland Assembly is a devolved legislature for Northern Ireland with mandatory cross-community voting on certain major decisions. The Northern Ireland Executive is a
power-sharing Power sharing is a practice in conflict resolution where multiple groups distribute political, military, or economic power among themselves according to agreed rules. It can refer to any formal framework or informal pact that regulates the distri ...
executive with ministerial portfolios to be allocated between parties by the
D'Hondt method The D'Hondt method, also called the Jefferson method or the greatest divisors method, is a method for allocating seats in parliaments among federal states, or in party-list proportional representation systems. It belongs to the class of highes ...
.


Strand 2

Strand 2 dealt with "north-south" issues and institutions to be created between Northern Ireland and the Republic of Ireland. These are: *
North/South Ministerial Council sco, North South Meinisterlie Council , bgcolor = , fgcolor = , image = North-South_Ministerial_Council_logo.jpg , image_border = , size = , alt = Logo of the North/South Ministerial Council , ca ...
*
North/South Inter-Parliamentary Association The North/South Inter-Parliamentary Association is an inter-parliamentary forum created between the national parliament of the Republic of Ireland (the Oireachtas) and the Northern Ireland Assembly. The association has 48 members, drawn equal ...
* North/South Consultative Forum The North/South Ministerial Council is made up of ministers from the Northern Ireland Executive and the Government of Ireland. It was established "to develop consultation, co-operation and action" in twelve areas of mutual interest. These include six areas where the Northern Ireland Executive and the Government of Ireland form common policies but implement these separately in each jurisdiction, and six areas where they develop common policies that are implemented through shared all-Ireland institutions. The various "institutional and constitutional arrangements" set out in the Agreement are also stated to be "interlocking and interdependent". As part of the Agreement, the newly created Northern Ireland Assembly and the national parliament of Ireland (the
Oireachtas The Oireachtas (, ), sometimes referred to as Oireachtas Éireann, is the bicameral parliament of Ireland. The Oireachtas consists of: *The President of Ireland *The two houses of the Oireachtas ( ga, Tithe an Oireachtais): ** Dáil Éireann ...
) agreed to consider creating a joint parliamentary forum made up of equal numbers from both institutions. In October 2012, this forum was created as the North/South Inter-Parliamentary Association. The Northern Ireland political parties who endorsed the agreement were also asked to consider the establishment of an independent consultative forum representative of
civil society Civil society can be understood as the "third sector" of society, distinct from government and business, and including the family and the private sphere.Great Britain Great Britain is an island in the North Atlantic Ocean off the northwest coast of continental Europe. With an area of , it is the largest of the British Isles, the largest European island and the ninth-largest island in the world. It ...
(as well as the Crown dependencies). These are: * British–Irish Intergovernmental Conference *
British–Irish Council The British–Irish Council (BIC) ( ga, Comhairle na Breataine-na hÉireann) is an intergovernmental organisation that aims to improve collaboration between its members in a number of areas including transport, the environment, and energy. Its ...
* An expanded British–Irish Interparliamentary Body The British–Irish Intergovernmental Conference was agreed to replace the Anglo-Irish Intergovernmental Council and the Intergovernmental Conference created under the 1985 Anglo-Irish Agreement. The conference takes the form of regular and frequent meetings between the British and Irish ministers to promote co-operation at all levels between both governments. On matters not devolved to Northern Ireland, the Government of Ireland may put forward views and proposals. All decisions of the conference will be by agreement between both governments and the two governments agreed to make determined efforts to resolve disagreements between them. The British–Irish Council is made up of ministerial representatives from the British and Irish governments, the UK's devolved administrations (Northern Ireland,
Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to ...
, and
Wales Wales ( cy, Cymru ) is a country that is part of the United Kingdom. It is bordered by England to the east, the Irish Sea to the north and west, the Celtic Sea to the south west and the Bristol Channel to the south. It had a population in ...
), as well as from the Crown dependencies, the
Isle of Man ) , anthem = " O Land of Our Birth" , image = Isle of Man by Sentinel-2.jpg , image_map = Europe-Isle_of_Man.svg , mapsize = , map_alt = Location of the Isle of Man in Europe , map_caption = Location of the Isle of Man (green) in Europ ...
,
Jersey Jersey ( , ; nrf, Jèrri, label= Jèrriais ), officially the Bailiwick of Jersey (french: Bailliage de Jersey, links=no; Jèrriais: ), is an island country and self-governing Crown Dependency near the coast of north-west France. It is the ...
, and
Guernsey Guernsey (; Guernésiais: ''Guernési''; french: Guernesey) is an island in the English Channel off the coast of Normandy that is part of the Bailiwick of Guernsey, a British Crown Dependency. It is the second largest of the Channel Islands ...
. The purpose of the council is to promote co-operations and pose a forum for the creation of common policies. Under the agreement, it was proposed that the already-existing British–Irish Interparliamentary Body would be built upon. Prior to the agreement, the body was composed of parliamentarians from the British and Irish parliaments only. In 2001, as suggested by the agreement, it was expanded to incorporate parliamentarians from all of the members of the British–Irish Council. These institutional arrangements created across these three strands are set out in the agreement as being "interlocking and interdependent". In particular, the functioning of the Northern Ireland Assembly and the North/South Ministerial Council are stated to be "so closely inter-related that the success of each depends on that of the other" and participation in the North/South Ministerial Council is "one of the essential responsibilities attaching to relevant posts in orthern Ireland and the Republic of Ireland. In the opinion of analyst Brendan O'Leary, the institutions established by the deal "made Northern Ireland bi-national" and reinforced "imaginative elements of co-sovereignty".


Decommissioning and normalisation

Against the background of political violence during
the Troubles The Troubles ( ga, Na Trioblóidí) were an ethno-nationalist conflict in Northern Ireland that lasted about 30 years from the late 1960s to 1998. Also known internationally as the Northern Ireland conflict, it is sometimes described as an "i ...
, the agreement committed the participants to "exclusively democratic and peaceful means of resolving differences on political issues". This took two aspects: * decommissioning of weapons held by paramilitary groups; * the normalisation of security arrangements in Northern Ireland. The participants to the agreement comprised two sovereign states (the United Kingdom and the Republic of Ireland) with armed and police forces involved in the Troubles. Two political parties, Sinn Féin and the PUP, were linked to
paramilitary A paramilitary is an organization whose structure, tactics, training, subculture, and (often) function are similar to those of a professional military, but is not part of a country's official or legitimate armed forces. Paramilitary units carr ...
organisations: the IRA and the UVF respectively. The UDP, which was linked to the UDA, had withdrawn from the talks three months previously. The multi-party agreement committed the parties to "use any influence they may have" to bring about the decommissioning of all paramilitary arms within two years of the referendums approving the agreement. The process of normalisation committed the British government to the reduction in the number and role of its
armed forces A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct ...
in Northern Ireland "to levels compatible with a normal peaceful society". This included the removal of security installations and the removal of special emergency powers in Northern Ireland. The Irish government committed to a "wide-ranging review" of its Offences against the State legislation. The agreement called for the establishment of an independent commission to review policing arrangements in Northern Ireland "including hemeans of encouraging widespread community support" for those arrangements. The British government also committed to a "wide-ranging review" of the criminal justice system in Northern Ireland. A date of May 2000 was set for total disarming of all paramilitary groups. This was not achieved leading the assembly to be suspended on a number of occasions as a consequence of unionist objections. A series of rounds of decommissioning by the IRA took place (in October 2001, April 2002 and October 2003) and in July 2005 the IRA announced the formal end of its campaign. Loyalist decommissioning did not follow immediately. In June 2009, the UVF announced it had completed decommissioning and the UDA said it had started to decommission its arsenal.


Prisoner release

Both the British and Irish governments committed to the early release of the approximately 400 prisoners serving sentences in connection with the activities of paramilitary groups, provided that those groups continued to maintain "a complete and unequivocal ceasefire". Cases were reviewed individually by the Sentence Review Commission. Prisoners from the
Continuity Irish Republican Army The Continuity Irish Republican Army (Continuity IRA or CIRA), styling itself as the Irish Republican Army (), is an Irish republican paramilitary group that aims to bring about a united Ireland. It claims to be a direct continuation of the o ...
, the Loyalist Volunteer Force, the
Irish National Liberation Army The Irish National Liberation Army (INLA, ga, Arm Saoirse Náisiúnta na hÉireann) is an Irish republican socialist paramilitary group formed on 10 December 1974, during the 30-year period of conflict known as " the Troubles". The group se ...
and the
Real Irish Republican Army The Real Irish Republican Army, or Real IRA (RIRA), is a dissident Irish republican paramilitary group that aims to bring about a United Ireland. It formed in 1997 following a split in the Provisional IRA by dissident members, who rejected the ...
were not eligible for release as those groups had not agreed to an unequivocal ceasefire. There was no amnesty for crimes which had not been prosecuted. The Northern Ireland (Sentences) Act 1998, received Royal Assent on 28 July 1998. 167 prisoners were released by October 1998. By December 1999 308 prisoners had been released. The final group of prisoners was released by 28 July 2000, giving a total of 428 prisoners released.


Equality and human rights

The agreement affirmed a commitment to "the mutual respect, the civil rights and the religious liberties of everyone in the community". The multi-party agreement recognised "the importance of respect, understanding and tolerance in relation to
linguistic diversity Language is a structured system of communication. The structure of a language is its grammar and the free components are its vocabulary. Languages are the primary means by which humans communicate, and may be conveyed through a variety of met ...
", especially in relation to the
Irish language Irish (Standard Irish: ), also known as Gaelic, is a Goidelic language of the Insular Celtic branch of the Celtic language family, which is a part of the Indo-European language family. Irish is indigenous to the island of Ireland and was ...
, Ulster Scots, and the languages of Northern Ireland's other ethnic minorities, "all of which are part of the cultural wealth of the island of Ireland". The British government committed to incorporate the
European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by ...
into the law of Northern Ireland and to the establishment of a Northern Ireland Human Rights Commission. Establishing statutory obligations for public authorities in Northern Ireland to carry out their work "with due regard to the need to promote
equality of opportunity Equal opportunity is a state of fairness in which individuals are treated similarly, unhampered by artificial barriers, prejudices, or preferences, except when particular distinctions can be explicitly justified. The intent is that the important ...
was set as a particular priority". The Irish government committed to " akingsteps to further the protection of human rights in its jurisdiction" and to the establishment of an Irish Human Rights Commission. Many of the rights-based provisions have yet to be fully implemented, including a Bill of Rights for Northern Ireland. The Northern Ireland Human Rights Commission delivered advice to the Secretary of State for Northern Ireland o
10 December 2008
However, progress to adopting a Bill of Rights has been consistently delayed. The Agreement recognised divergent political aspirations and complex identities
Article 1 (vi)
commonly referred to as the birthright provisions, states that both governments, "Recognise the birthright of all the people of Northern Ireland to identify themselves and be accepted as Irish, or British, or both, as they may so choose, and accordingly confirm that their right to hold both British and Irish citizenship is accepted by both Governments and would not be affected by any future change in the status of Northern Ireland."


Referendums

Under the agreement, the British and Irish governments committed to organising referendums on 22 May 1998, in Northern Ireland and in the Republic respectively. The Northern Ireland referendum was to approve the agreement reached in the multi-party talks. The Republic of Ireland referendum was to approve the British-Irish Agreement and to facilitate the amendment of the Constitution of Ireland in accordance with the Agreement. The result of these referendums was a large majority in both parts of Ireland in favour of the agreement. In the Republic, 56% of the electorate voted, with 94% of the votes in favour of the amendment to the constitution. The turnout in Northern Ireland was 81%, with 71% of the votes in favour of the agreement. Of those who voted, almost all of the Catholics voted for the agreement, compared with 57% of the Protestants. The fragility of cross-community enthusiasm for parts of the agreement helps to explain subsequent difficulties in maintaining the powersharing executive. In the Republic, the electorate voted upon the nineteenth amendment to the Constitution of Ireland. This amendment both permitted the state to comply with the Belfast Agreement and provided for the removal of the "territorial claim" contained in Articles 2 and 3. A referendum on the
Amsterdam Treaty The Treaty of Amsterdam, officially the Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts, was signed on 2 October 1997, and entered into force on 1 May 1999; i ...
( Eighteenth Amendment of the Constitution of Ireland) was held on the same day.


Implementation

Direct rule from
Westminster Westminster is an area of Central London, part of the wider City of Westminster. The area, which extends from the River Thames to Oxford Street, has many visitor attractions and historic landmarks, including the Palace of Westminster, B ...
came to an end in Northern Ireland when power was formally devolved to the new
Northern Ireland Assembly sco-ulster, Norlin Airlan Assemblie , legislature = Seventh Assembly , coa_pic = File:NI_Assembly.svg , coa_res = 250px , house_type = Unicameral , house1 = , leader1_type = S ...
, the
North/South Ministerial Council sco, North South Meinisterlie Council , bgcolor = , fgcolor = , image = North-South_Ministerial_Council_logo.jpg , image_border = , size = , alt = Logo of the North/South Ministerial Council , ca ...
and the
British–Irish Council The British–Irish Council (BIC) ( ga, Comhairle na Breataine-na hÉireann) is an intergovernmental organisation that aims to improve collaboration between its members in a number of areas including transport, the environment, and energy. Its ...
, as the commencement orders for the British-Irish Agreement came into effect on 2 December 1999. Article 4(2) of the British-Irish Agreement (the Agreement between the British and Irish governments for the implementation of the Belfast Agreement) required the two governments to notify each other in writing of the completion of the requirements for the entry into force of the British-Irish Agreement; entry into force was to be upon the receipt of the later of the two notifications. The British government agreed to participate in a televised ceremony at
Iveagh House Iveagh House is a Georgian house which now contains the headquarters of the Department of Foreign Affairs in Dublin, Ireland. It is also sometimes used colloquially as a metonym referring to the department itself. Iveagh House was originally ...
in Dublin, the Irish department of foreign affairs.
Peter Mandelson Peter Benjamin Mandelson, Baron Mandelson (born 21 October 1953) is a British Labour Party politician who served as First Secretary of State from 2009 to 2010. He was President of the Board of Trade in 1998 and from 2008 to 2010. He is the ...
, the
Secretary of State for Northern Ireland A secretary, administrative professional, administrative assistant, executive assistant, administrative officer, administrative support specialist, clerk, military assistant, management assistant, office secretary, or personal assistant is a w ...
, attended early on 2 December 1999. He exchanged notifications with David Andrews, the Irish foreign minister. Shortly after the ceremony, at 10:30 am, the
Taoiseach The Taoiseach is the head of government, or prime minister, of Ireland. The office is appointed by the president of Ireland upon the nomination of Dáil Éireann (the lower house of the Oireachtas, Ireland's national legislature) and the of ...
, Bertie Ahern, signed the declaration formally amending Articles 2 and 3 of the Irish Constitution. He then announced to the Dáil that the British-Irish Agreement had entered into force (including certain supplementary agreements concerning the Belfast Agreement). Speaking at the 1998 commemoration of the
Easter Rising The Easter Rising ( ga, Éirí Amach na Cásca), also known as the Easter Rebellion, was an armed insurrection in Ireland during Easter Week in April 1916. The Rising was launched by Irish republicans against British rule in Ireland with t ...
of 1916, Ahern said: The Assembly and Executive were eventually established in December 1999 on the understanding that decommissioning would begin immediately, but were suspended within two months due to lack of progress, before being re-established in May 2000 as Provisional IRA decommissioning eventually began. Aside from the decommissioning issue, however, ongoing paramilitary activity (albeit relatively low-level compared to the past) by the Provisional Irish Republican Army—e.g., arms importations, smuggling, organised crime, "punishment beatings", intelligence-gathering and rioting—was also a stumbling block. The loyalist paramilitaries also continued similar activity although as they were not represented by a significant political party, their position was less central to political change. The overall result of these problems was to damage confidence among unionists in the agreement, which was expressed by the anti-agreement DUP. The DUP eventually overtook the pro-agreement UUP in the 2003 Assembly election. The UUP had already resigned from the power-sharing Executive in 2002 following the Stormontgate scandal, which saw three men charged with intelligence-gathering. These charges were eventually dropped in 2005 on the controversial grounds that pursuit would not be "in the public interest". Immediately afterwards, one of the accused Sinn Féin members, Denis Donaldson, was exposed as a British agent. In 2004, negotiations were held between the two governments, the DUP, and Sinn Féin on an agreement to re-establish the institutions. These talks failed, but a document published by the governments detailing changes to the Belfast Agreement became known as the " Comprehensive Agreement". On 26 September 2005, it was announced that the Provisional Irish Republican Army had completely decommissioned its arsenal of weapons and "put them beyond use". Nonetheless, many unionists notably the DUP, remained sceptical. Of the loyalist paramilitaries, only the Loyalist Volunteer Force had decommissioned any weapons. Further negotiations took place in October 2006, leading to the
St Andrews Agreement The St Andrews Agreement ( ga, Comhaontú Chill Rímhinn; Ulster Scots: ''St Andra's 'Greement'', ''St Andrew's Greeance'' or ''St Andrae's Greeance'') is an agreement between the British and Irish governments and Northern Ireland's politica ...
. In May 2007, a power-sharing executive was again established to govern Northern Ireland in devolved matters. The second
Northern Ireland Executive The Northern Ireland Executive is the devolved government of Northern Ireland, an administrative branch of the legislature – the Northern Ireland Assembly. It is answerable to the assembly and was initially established according to the ...
had
Ian Paisley Ian Richard Kyle Paisley, Baron Bannside, (6 April 1926 – 12 September 2014) was a Northern Irish loyalist politician and Protestant religious leader who served as leader of the Democratic Unionist Party (DUP) from 1971 to 2008 and First ...
of the DUP as First Minister and Martin McGuinness of Sinn Féin as deputy First Minister in a diarchy. Paisley retired from the office of First Minister and from the leadership of the DUP on 5 June 2008 and was succeeded in both functions by Peter Robinson. In the third Northern Ireland Executive, the same political relationship existed between Robinson and McGuinness as existed formerly between Paisley and McGuinness. After Robinson resigned as First Minister on 11 January 2016, he was replaced by
Arlene Foster Arlene Isobel Foster, Baroness Foster of Aghadrumsee (née Kelly; born 17 July 1970), is a British broadcaster and politician from Northern Ireland who served as First Minister of Northern Ireland from 2016 to 2017 and from 2020 to 2021 and ...
. Upon McGuinness's resignation on 9 January 2017, the devolved government in Stormont collapsed, as the Agreement demands when no new leader is appointed. An election was called by Secretary of State for Northern Ireland James Brokenshire, whereby the DUP and Sinn Féin were returned as the largest parties, and so began a countdown of talks between both leaders before devolved government could be restored. In January 2020, the Executive was re-established.


Comparison to the Sunningdale Agreement

Seamus Mallon Seamus Frederick Mallon (; 17 August 1936 – 24 January 2020) was an Irish politician who served as deputy First Minister of Northern Ireland from 1998 to 2001 and Deputy Leader of the Social Democratic and Labour Party (SDLP) from 1979 to 20 ...
referred to the Agreement as "Sunningdale for slow learners", which suggests that it was nothing more than what was on offer in the Sunningdale Agreement of 1973. This assertion has been criticised by political scientists like Richard Wilford and
Stefan Wolff Stefan Wolff is a German political scientist. He is a specialist in international security, particularly in the management, settlement and prevention of ethnic conflicts. He is currently Professor of International Security at the University of ...
. The former stated that "there are ... significant differences between them unningdale and Belfast both in terms of content and the circumstances surrounding their negotiation, implementation, and operation".Wilford, Rick (2001)
''Context and Content: Sunningdale and Belfast Compared''
. Oxford University Press, p.1
The main issues omitted by Sunningdale and addressed by the Belfast Agreement are the principle of
self-determination The right of a people to self-determination is a cardinal principle in modern international law (commonly regarded as a '' jus cogens'' rule), binding, as such, on the United Nations as authoritative interpretation of the Charter's norms. It sta ...
, the recognition of both national identities, British-Irish intergovernmental cooperation and the legal procedures to make power-sharing mandatory, such as the cross-community vote and the D'Hondt system to appoint ministers to the executive. Former IRA member and journalist
Tommy McKearney Tommy McKearney (born 1952) is a former Irish volunteer in the Provisional Irish Republican Army who took part in the 1980 hunger strike. Background McKearney was born in Lurgan in the north-east of County Armagh, but he was raised in The Mo ...
says that the main difference is the intention of the British government to broker a comprehensive deal by including the IRA and the most uncompromising unionists. Regarding the right to self-determination, two qualifications are noted by the legal writer Austen Morgan. Firstly, the cession of territory from one state to another state has to be by international agreement between the UK and Irish governments. Secondly, the people of Northern Ireland can no longer bring about a united Ireland on their own; they need not only the Irish government but the people of their neighbouring state, Ireland, to also endorse unity. Morgan also pointed out that, unlike the
Ireland Act 1949 The Ireland Act 1949 is an Act of the Parliament of the United Kingdom intended to deal with the consequences of the Republic of Ireland Act 1948 as passed by the Irish parliament, the Oireachtas. Background Following the secession of most ...
and the
Northern Ireland Constitution Act 1973 The Northern Ireland Constitution Act 1973 is an Act of the Parliament of the United Kingdom which received the royal assent on 18 July 1973. The Act abolished the suspended Parliament of Northern Ireland and the post of Governor and made ...
, devised under Sunningdale, the 1998 agreement and the consequent British legislation did expressly foresee the possibility of a united Ireland. As well as the number of signatories,Wolff identifies the United Kingdom, the Republic of Ireland, the Ulster Unionist Party, the SDLP, and the Alliance Party as signatories to the Sunningdale Agreement. He identifies the United Kingdom, the Republic of Ireland, the Ulster Unionist Party, the Ulster Democratic Party, the Progressive Unionist Party, the Northern Ireland Women's Coalition, the Labour Party, the Alliance Party, Sinn Féin, and the SDLP as signatories to the Belfast Agreement. Stefan Wolff identifies the following similarities and differences between the issues addressed in the two agreements: Wolff identifies this issue as being implicitly addressed in the Sunningdale Agreement.


Constitutional relevance

Because the Good Friday Agreement binds the British government on several points of law in Northern Ireland, it has de facto become a part of
Constitution of the United Kingdom The constitution of the United Kingdom or British constitution comprises the written and unwritten arrangements that establish the United Kingdom of Great Britain and Northern Ireland as a political body. Unlike in most countries, no attemp ...
. Legal commentator David Allen Green described it as "a core constitutional text of the UK, and of Ireland ... of more everyday importance than hallowed instruments such as, say,
Magna Carta (Medieval Latin for "Great Charter of Freedoms"), commonly called (also ''Magna Charta''; "Great Charter"), is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by t ...
of 1215 or the 1689 Bill of Rights". Because the Agreement commits the government to enshrine the European Convention on Human Rights in law and allows Northern Ireland residents access to the
European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that ...
, it required enactment of the
Human Rights Act 1998 The Human Rights Act 1998 (c. 42) is an Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the rights contained in the European Con ...
. Consequently, the Agreement was a significant factor preventing the repeal of that Act and its replacement with the proposed British Bill of Rights that Prime Minister
David Cameron David William Donald Cameron (born 9 October 1966) is a British former politician who served as Prime Minister of the United Kingdom from 2010 to 2016 and Leader of the Conservative Party from 2005 to 2016. He previously served as Leader o ...
had promised. The Agreement also makes reference to the UK and the Republic of Ireland as "partners in the European Union", and it was argued in '' R (Miller) v Secretary of State for Exiting the European Union'' that the Agreement meant that the consent of Northern Ireland's voters was required to leave the European Union (
Brexit Brexit (; a portmanteau of "British exit") was the Withdrawal from the European Union, withdrawal of the United Kingdom (UK) from the European Union (EU) at 23:00 Greenwich Mean Time, GMT on 31 January 2020 (00:00 1 February 2020 Central Eur ...
). The
UK Supreme Court The Supreme Court of the United Kingdom (initialism: UKSC or the acronym: SCOTUK) is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the United ...
unanimously held that this was not the case, but the Agreement has nevertheless strongly shaped the form of Brexit.


Brexit

During the negotiations on Britain's planned 2019 withdrawal from the European Union, the EU produced a position paper on its concerns regarding the Good Friday Agreement. The paper identified a range of issues including the avoidance of a hard border, North–South cooperation, citizenship, and the
Common Travel Area The Common Travel Area (CTA; ga, Comhlimistéar Taistil, ) is an open borders area comprising the United Kingdom, Ireland, Isle of Man, and the Channel Islands. The British Overseas Territories are not included. Based on agreements that are no ...
. Anyone born in Northern Ireland, who is also entitled to Irish citizenship, will also be able to retain EU citizenship after Brexit. Under the European Union negotiating directives for Brexit, the UK was asked to satisfy the other EU members that these topics had been addressed in order to progress to the second stage of Brexit negotiations. In order to protect North–South co-operation and avoid controls on the
Irish border Irish may refer to: Common meanings * Someone or something of, from, or related to: ** Ireland, an island situated off the north-western coast of continental Europe ***Éire, Irish language name for the isle ** Northern Ireland, a constituent unit ...
, the UK, led by Prime Minister
Theresa May Theresa Mary May, Lady May (; née Brasier; born 1 October 1956) is a British politician who served as Prime Minister of the United Kingdom and Leader of the Conservative Party from 2016 to 2019. She previously served in David Cameron's cab ...
, agreed to protect the Agreement in all its parts and "in the absence of agreed solutions, the United Kingdom would maintain full alignment with those rules of the Internal Market and the
Customs Union A customs union is generally defined as a type of trade bloc which is composed of a free trade area with a common external tariff.GATTArticle 24 s. 8 (a) Customs unions are established through trade pacts where the participant countries set up ...
which, now or in the future, support North-South cooperation, the all-island economy and the protection of the 1998 Agreement", with the acknowledgement that this is "under the caveat that nothing is agreed until everything is agreed". This provision formed part of a UK-EU deal which was rejected by the British parliament on three occasions. May's successor,
Boris Johnson Alexander Boris de Pfeffel Johnson (; born 19 June 1964) is a British politician, writer and journalist who served as Prime Minister of the United Kingdom and Leader of the Conservative Party from 2019 to 2022. He previously served as ...
, called for the "
Irish backstop The Irish backstop (formally the Northern Ireland Protocol) was a proposed protocol to a draft Brexit withdrawal agreement that never came into force. It was developed by the May government and the European Commission in December 2017 and fin ...
" to be removed from the proposed withdrawal agreement. The new Northern Ireland Protocol replaced the Irish backstop as part of the deal which Johnson brokered on 17 October 2019. In September 2020, while negotiations with the EU over future trading arrangements continued, the
Internal Market Bill The United Kingdom Internal Market Act 2020 is an act of the Parliament of the United Kingdom passed in December 2020. It is concerned with trade within the UK, as the UK is no longer subject to EU law. The act seeks to prevent internal trade b ...
was introduced in which the Northern Ireland secretary Brandon Lewis told the House of Commons that the British government planned to break international law in a "specific and limited way", by introducing new powers through notwithstanding clauses that would circumvent certain treaty obligations to the EU as set out in the withdrawal agreement. The Bill was criticised in the UK and internationally, with the First Ministers of Scotland and Wales both describing the Conservative government's proposals as an attempt to seize power and undo devolution. Most parties in Northern Ireland expressed concern at the Bill, though some within the
Democratic Unionist Party The Democratic Unionist Party (DUP) is a unionist, loyalist, and national conservative political party in Northern Ireland. It was founded in 1971 during the Troubles by Ian Paisley, who led the party for the next 37 years. Currently led by J ...
welcomed it. Taoiseach Micheál Martin said that "trust has been eroded". The bill was enacted in December 2020 without the controversial Northern Ireland provisions. Some Brexit supporters have criticised the British government for erecting a trade border "down the Irish Sea"—in other words, between the island of Ireland and Britain. They state that in order to prevent a 'hard border' on the island of Ireland, customs and other controls have instead been imposed on goods travelling from Britain to Northern Ireland; and that Northern Ireland remains for many purposes in the EU Single Market and Customs Union, subject to a regulatory regime into which it has no input. In March 2021, loyalist groups said they were temporarily withdrawing their support for the agreement. The
Loyalist Communities Council The Loyalist Communities Council (LCC) is a group in Northern Ireland with representatives from the UVF, UDA and Red Hand Commando. It was launched on 13 October 2015 in response to the perceived neglect and political disenfranchisement of wor ...
said that unionist opposition to the protocol should remain "peaceful and democratic".


See also

*
David Trimble William David Trimble, Baron Trimble, (15 October 1944 – 25 July 2022) was a British politician who was the first First Minister of Northern Ireland from 1998 to 2002, and leader of the Ulster Unionist Party (UUP) from 1995 to 2005. He wa ...
* Downing Street Declaration * John Hume * Martin McGuinness *
Unionism in Ireland Unionism is a political tradition on the island of Ireland that favours political union with Great Britain and professes loyalty to the United Kingdom, British Monarchy of the United Kingdom, Crown and Constitution of the United Kingdom, cons ...


Notes


References


Further reading

* Gormley-Heenan, Cathy. ''Political leadership and the Northern Ireland peace process: Role, capacity and effect'' (Springer, 2006). * Mitchell, George J. "Toward Peace in Northern Ireland." ''Fordham International Law Journal'' 22 (1998): 1136+.


External links


Full text of the Good Friday Agreement
UN Peacemaker
All peace agreements for the United Kingdom
UN Peacemaker
North-South Ministerial CouncilBritish-Irish CouncilIrish Government - British-Irish Intergovernmental ConferenceInside Out: An Integrative Critique of the Northern Ireland Peace Process
U.S. Institute of Peace, July 2006
Address given at the Exchange of Notifications ceremony, whereby the Republic of Ireland dropped its territorial claim to Northern Ireland, Iveagh House, Dublin, 2 December 1999
* {{Authority control 1998 in Northern Ireland 1998 in international relations 1998 in Irish politics 1998 in British politics Constitution of the United Kingdom Government of Northern Ireland 1990s in Northern Ireland 20th century in Belfast History of Northern Ireland Ireland–United Kingdom relations Northern Ireland Executive Northern Ireland peace process Peace treaties of Ireland Peace treaties of the United Kingdom Politics of Belfast Politics of Northern Ireland Treaties concluded in 1998 Treaties entered into force in 1999 Events in Belfast April 1998 events in Europe Bilateral treaties of Ireland Bilateral treaties of the United Kingdom Power sharing April 1998 events in the United Kingdom