Agreement between the Government of Ireland and the Government of the United Kingdom establishing the Independent International Commission on Decommissioning

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Country/entity: Ireland
United Kingdom
Northern Ireland
Region: Europe and Eurasia
Agreement name: Agreement between the Government of Ireland and the Government of the United Kingdom establishing the Independent International Commission on Decommissioning
Date: 26 Aug 1997
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Interstate/intrastate conflict(s)
Northern Ireland Conflict (1968 - 1998)
Commonly referred to as ‘the Troubles’, the most recent conflict over the territory of Northern Ireland can be framed as beginning in 1968 and ending with the Belfast Agreement (also known as the Good Friday Agreement) in 1998. While the genesis of the conflict was closely related to pressures for the state to reform with relation to discrimination against the (minority) Catholic population, the core issue of the conflict as it proceeded was the constitutional status of Northern Ireland, which was contested between the unionist/loyalist (mostly Protestant) majority, who wanted the territory to remain as part of the United Kingdom, and the nationalist/republican (mostly Catholic) minority, whose goal was to unite the six provincial counties with the Republic of Ireland. The thirty years prior to the Belfast or Good Friday Agreement were marked by inter-communal violence, active paramilitary groups, and the deployment of the British army in the province. Mediation by international actors, and dialogue between the British and Irish governments, and between the IRA and its representatives and the British Government eventually resulted in a ceasefire respected by the majority of combatants. Talks led to the Belfast or Good Friday Agreement which established a power-sharing system of governance between nationalist and unionist communities.
Stage: Pre-negotiation/process
Conflict nature: Government/territory
Peace process: Northern Ireland peace process
Parties: UK government, Irish Government
Third parties: -
Description: Agreement to establish the Independent International Commission on Decommissioning which would facilitate the putting of all arms held by paramilitary organisations beyond use and report to the two Governments on progress achieved.

Agreement document: UK_IE_970826_Agreement on Establishing the Independent International Commission on Decommissioning.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: Security sector→DDR→Demilitarisation provisions
[Summary: Untitled preamble of the agreement lists previous documents relating to the decommissioning process, see 'Other Agreements box for full references].

Page 1, Article 1
The Independent International Commission on Decommissioning (hereinafter referred to as "the Commission") is hereby established by the two Governments in accordance with this Agreement.

Page 1, Article 2
(1) The Commission shall be independent in the performance of its functions.
(2) The Commission shall have the legal capacity of a body corporate in accordance with the Decommissioning Act, 1997 and any Order made by the Secretary of State under the Northern Ireland Arms Decommissioning Act 1997.

Page 2, Article 3
The objective of the Commission is to facilitate the decommissioning of firearms, ammunition, explosives and explosive substances (hereinafter referred to as "arms") in accordance with the Report of the International Body, and regulations or arrangements made under the Decommissioning Act, 1997 and any decommissioning schemes within the meaning of section 1 of the Northern Ireland Arms Decommissioning Act 1997.

Page 2, Article 4
In fulfilment of the objective set out in Article 3, the Commission shall have the following functions:
(a) to consult with the participants in political negotiations in Northern Ireland, including both Governments, and others whom it deems relevant on the type of scheme or schemes for decommissioning including the role it might play in respect of each scheme;
(b) to present to the two Governments proposals for schemes for decommissioning having due regard to the views expressed by those it has consulted;
(c) to undertake, in accordance with any regulations or arrangements made under the Decommissioning Act, 1997 and any decommissioning schemes within the meaning of section 1, and in accordance with section 3, of the Northern Ireland Arms Decommissioning Act 1997, such tasks that may be required of it to facilitate the decommissioning of arms, including observing, monitoring and verifying decommissioning and receiving and auditing arms; and
(d) to report periodically to both Governments and, through whatever mechanism they may establish for that purpose, the other participants in political negotiations in Northern Ireland.

Page 2, Article 5
The Commission shall consist of not less than two members. The members shall be appointed jointly by the two Governments who may also appoint additional members from time to time. The two Governments may jointly appoint one of the members as chairperson. The members of the Commission shall serve on terms and conditions decided by the two Governments.

Page 2, Article 6
The Commission, its property and premises, and the persons referred to in section 3(4)(b) of the Decommissioning Act, 1997 and in section 7(2)(c) of the Northern Ireland Arms Decommissioning Act 1997 shall have such privileges, immunities and inviolabilities as may be conferred or provided for in accordance with orders made by the Minister for Justice, Equality and Law Reform and the Secretary of State under those Acts.

Page 3, Article 10
The Minister for Justice, Equality and Law Reform and the Secretary of State may make further provision in relation to the Commission and the decommissioning of arms in accordance with the Decommissioning Act, 1997 and any decommissioning schemes within the meaning of section 1 of the Northern Ireland Arms Decommissioning Act 1997.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: Irish Dept of Foreign Affairs

CAIN Web Service - Conflict and Politics in Northern Ireland.

Agreement between the Government of Ireland and the Government of the United Kingdom establishing the Independent International Commission on Decommissioning, 26 August 1997

The Government of Ireland and the Government of the United Kingdom:

Recalling their decision on the 28th day of November, 1995, to establish an International Body to provide an independent assessment of the decommissioning issue;

Noting that the Report of the International Body presented to the two Governments on the 22nd day of January, 1996, recommended that the decommissioning process should take place to the satisfaction of an independent commission;

Noting that the Decommissioning Act, 1997 in Ireland and the Northern Ireland Arms Decommissioning Act 1997 in the United Kingdom make reference to a Commission to be established by agreement between the two Governments;

Recalling the Joint Communique issued on the 29th day of July, 1997, following the meeting between the Minister for Foreign Affairs and the Secretary of State for Northern Ireland, in which they announced their decision to complete preparations for the establishment of an Independent Commission in order that the mechanisms on decommissioning would be capable of being launched simultaneously with substantive political negotiations;

Have agreed as follows:

Article 1

The Independent International Commission on Decommissioning (hereinafter referred to as "the Commission") is hereby established by the two Governments in accordance with this Agreement.

Article 2

(1) The Commission shall be independent in the performance of its functions.

(2) The Commission shall have the legal capacity of a body corporate in accordance with the Decommissioning Act, 1997 and any Order made by the Secretary of State under the Northern Ireland Arms Decommissioning Act 1997.

Article 3

The objective of the Commission is to facilitate the decommissioning of firearms, ammunition, explosives and explosive substances (hereinafter referred to as "arms") in accordance with the Report of the International Body, and regulations or arrangements made under the Decommissioning Act, 1997 and any decommissioning schemes within the meaning of section 1 of the Northern Ireland Arms Decommissioning Act 1997.

Article 4

In fulfilment of the objective set out in Article 3, the Commission shall have the following functions:

(a) to consult with the participants in political negotiations in Northern Ireland, including both Governments, and others whom it deems relevant on the type of scheme or schemes for decommissioning including the role it might play in respect of each scheme;

(b) to present to the two Governments proposals for schemes for decommissioning having due regard to the views expressed by those it has consulted;

(c) to undertake, in accordance with any regulations or arrangements made under the Decommissioning Act, 1997 and any decommissioning schemes within the meaning of section 1, and in accordance with section 3, of the Northern Ireland Arms Decommissioning Act 1997, such tasks that may be required of it to facilitate the decommissioning of arms, including observing, monitoring and verifying decommissioning and receiving and auditing arms;

and

(d) to report periodically to both Governments and, through whatever mechanism they may establish for that purpose, the other participants in political negotiations in Northern Ireland.

Article 5

The Commission shall consist of not less than two members.

The members shall be appointed jointly by the two Governments who may also appoint additional members from time to time.

The two Governments may jointly appoint one of the members as chairperson.

The members of the Commission shall serve on terms and conditions decided by the two Governments.

Article 6

The Commission, its property and premises, and the persons referred to in section 3(4)(b) of the Decommissioning Act, 1997 and in section 7(2)(c) of the Northern Ireland Arms Decommissioning Act 1997 shall have such privileges, immunities and inviolabilities as may be conferred or provided for in accordance with orders made by the Minister for Justice, Equality and Law Reform and the Secretary of State under those Acts.

Article 7

Such monies, premises, facilities and services as may be necessary for the proper functioning of the Commission shall be provided by the two Governments on a basis to be determined by them.

Article 8

Members of the Commission, members of the staff of the Commission, persons carrying out work for or giving advice to the Commission and agents of the Commission shall be bound not to disclose any information obtained in the course of the performance of their functions as such members or persons unless such disclosure is authorised by or on behalf of the Commission.

Article 9

The Commission shall keep proper accounts and proper records of all moneys received or expended by it and shall, at the joint request of the two Governments, appoint auditors who shall audit the accounts of the Commission.

The reports of the auditors shall be submitted to both Governments.

Article 10

The Minister for Justice, Equality and Law Reform and the Secretary of State may make further provision in relation to the Commission and the decommissioning of arms in accordance with the Decommissioning Act, 1997 and any decommissioning schemes within the meaning of section 1 of the Northern Ireland Arms Decommissioning Act 1997.

Article 11

This Agreement shall enter into force on the date on which the two Governments exchange notifications of their acceptance of it.

Article 12

The Agreement shall continue in force until terminated by mutual agreement and thereafter shall cease to have effect save in so far as and to the extent necessary for meeting any liabilities or disposing in an orderly manner of any remaining assets of the Commission in accordance with the spirit of the Agreement.

In witness whereof the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement.

Done at Belfast in two originals on the 26th day of August 1997.