Who Should Deal with Lawlessness?

[This article was written in the issue of December 21-27, 2005]

Much has been achieved in 2005, but the policing nettle must be grasped by republicans, argues the United States' special envoy to Northern Ireland.

As 2005 comes to a close, it is clear that the Northern Ireland peace process has come a long way in the past 12 months. In fact, 2005 has seen positive and hopeful developments that many thought would never take place.

At the top of the list stands the IRA's placing its weapons beyond use and announcing that it would pursue a purely peaceful and democratic way forward. This was a truly great moment for the peace process. Gerry Adams, Martin McGuinness and the entire Sinn Fein leadership deserve enormous credit.

The loyalist paramilitaries have also seen the futility of their criminal behavior and the terrible damage it inflicts on their communities.

The end of the LVF-UVF feud and ongoing discussions within the loyalist paramilitaries on how to respond to Northern Ireland's changed political landscape are helpful developments.

And the ability of all of Northern Ireland to come together, regardless of politics or religion, to honor their favorite son, George Best, made a deep impression on a global television audience, as well as suggesting the enormous cross-community potential that lies largely untapped.

Despite these important advances, we still have some distance to travel. Currently, two challenges are especially worrisome. First, there is a crisis of confidence in unionism, especially working-class unionism. Many of the people we saw rioting in West and North Belfast in September feel disenfranchised from the political process. They are more secular than the DUP. They are poorly educated and have bleak job prospects. And unionists harbor a deep sense of grievance. Some are nostalgic for three centuries of "Protestant Ascendancy," others for the "good old days" when they were clearly on top.

And unionist leaders have for years been saying that the British favor Sinn Fein, that the British make serial concessions to Sinn Fein, and that unionists have been losing. All together, that's a pretty potent mixture. This sentiment is not relegated solely, or perhaps even primarily, to the loyalists. In fact, it may be more pronounced among some members of the DUP than among the loyalist community. Some DUP politicians have claimed recently that it will be 10 years before they join with Sinn Fein - clearly not a very constructive approach.

Unionism needs to do more to prepare itself and its members for the time when we may have agreement on all outstanding issues. They need to move towards a position when they can take "yes" for an answer and stand up the Stormont Assembly. As for the U.S., British and Irish governments, we have spent so much time and effort focusing on Sinn Fein and the IRA, that we haven't devoted as much attention to the DUP. That needs to change.

We need to engage unionism in a systematic way that helps bring them to the table. Second, Sinn Fein is still reluctant to join policing, the PSNI. The IRA has largely stood down its activities since July 28. The recent IMC report independently verified that point. But the PSNI has not been able to stand up in nationalist and republican communities.

Today, Sinn Fein is the only political party in Europe that does not support policing. Gerry Adams often talks about parity of esteem. It is an important concept, one the Bush Administration supports. But parity of esteem implies parity of responsibility. We think Sinn Fein has a responsibility to tell its constituents they should cooperate with the police -- without fear of retribution -- whenever dissidents, thugs and degenerates terrorize their communities. Gerry Adams and other Sinn Fein leaders have met repeatedly with Hugh Orde, the chief constable, and other PSNI officials. If they can talk with the PSNI, why can't ordinary republicans and nationalists?

By denying republicans and nationalists proper policing and justice, Sinn Fein has condemned them to a ghettoized existence. Interestingly, it appears that Sinn Fein officials themselves cooperate with the authorities when it suits their personal interests. Mark Durkan, the leader of the SDLP, recently observed that "the Sinn Fein leadership admit they go to the police if they have car accidents. So now we know. They put their 'no claims bonuses' ahead of a child's right to justice and protection. So much for their Ireland of equals."

Now we all recognize that policing is not perfect in Northern Ireland. It isn't perfect in any city. But the undisputed fact, acknowledged by even Sinn Fein, is that there has been tremendous progress in recent years. The PSNI is simply not the same as the old RUC. The majority of the Patten Commission recommendations have been adopted; those yet to be implemented await only Sinn Fein's support. Catholics are now being recruited onto the PSNI on a 50-50 basis with Protestants and others. An independent Ombudsman, Nuala O'Loan, has a mandate to investigate any allegations of police misbehavior, and she has done so. And let's not forget that this past September, the PSNI took over 150 live rounds from loyalist paramilitaries while protecting republicans and nationalists in West and North Belfast. So what is Sinn Fein's position on policing?

From Gerry Adams's recent comments, it appears that Sinn Fein will join policing only after the policing and justice responsibilities have been devolved back to Northern Ireland and are under the political control of the Stormont Assembly. But the legislative process could take another 6-12 months or longer, while the time needed for the political process of restoring a power-sharing executive that includes Sinn Fein and the DUP is impossible to predict. So under a best-case scenario, we're looking at another year, at least, of lawlessness in republican and nationalist communities.

And in a worst-case scenario, Sinn Fein will not join policing for many, many years. Who polices these communities until then? What options are available when homes get burgled, cars get stolen, or daughters get raped? The IRA, thankfully, no longer appears to be in the business of dispensing its particular brand of vigilante justice. At the same time, people are fearful of going to the police and threatened if they try to do so. There have been reports that republicans have even threatened women who were victims of sexual assaults and attempted to cover up crimes committed by individuals who have ties to the IRA, Sinn Fein or Community Restorative Justice programs. More victims will fail to get justice as long as republican and nationalist communities remain unpoliced.

The United States understands that addressing these two challenges - unionism and policing -- will not be easy. But as we look ahead to 2006, we take heart from the trajectory of the peace process during the past 12 months. What began with the breakdown of the Leeds Castle talks, the Northern Bank robbery and the brutal murder of Robert McCartney has ended with the IRA's decommissioning of weapons, the arrest and prosecution of loyalist gangsters, the Asset Recovery Agency's crack down on illicit gains, and some indications that loyalist paramilitaries may want to wind down their activities. Much work remains, but we have much to celebrate.

The Bush Administration, in close cooperation with the British and Irish governments, will continue to work with the political parties in Northern Ireland to bring the blessings of peace to all the people of Northern Ireland this coming year. In that effort, we will be guided by the knowledge that a just and humane Northern Ireland governed by democratic principals and the rule of law are what its people deserve.

Mitchell B. Reiss is the United States special envoy for Northern Ireland