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The Darker Side of Peace Agreements Conference Report REPORT The Pearson Institute 1307 East 60th thepearsoninstitute For The Study And Street, Chicago, IL @uchicago.edu Resolution Of Global 60637 Conflicts The Pearson Institute for the Study and Resolution of Global Conflicts promotes discussion, understanding, and resolution of global conflicts through research, education and engagement with the global policy community. The Pearson Institute fills a critical gap by identifying data-driven strategies to reduce or mitigate global conflicts and by informing policy in ways that ultimately help create a world more at peace. thepearsoninstitute.org Table of Contents Case Studies: Northern Ireland and Colombia Richard English, Andrew Thomson, Maria Angélica Bautista Radicalization and Rebuilding in the Middle East Nussaibah Younis, Richard English Legal Legacies of Conflict Tom Ginsburg, Conor Gearty, Susan Stokes Case Studies: Sierra Leone and Rwanda James Robinson, Timothy Longman, Emily Lynn Osborn Event Schedule Written by: Edited by: Elaine Li Alex Carr Lauren Manning Speaker Biographies Evan Trowbridge Case Studies: Northern Ireland and Colombia Speakers: Chair: Richard English, Distinguished Andrew Thomson, Lecturer, Maria Angélica Bautista, Assis- Professorial Fellow, the Sena- Queen’s University Belfast; Fel- tant Professor, Harris School of tor George J. Mitchell Institute low, the Senator George J. Mitch- Public Policy at the University of for Global Peace, Security and ell Institute for Global Peace, Chicago; Faculty Affiliate, The Justice at Queen’s University Security and Justice Pearson Institute Belfast; Faculty Affiliate, The Pearson Institute orthern Ireland and Colombia are frequent- place are more aggressive counterparts. “The Nly cited as examples of countries that have political middle ground has been fundamental- achieved relative peace after years of conflict. ly eviscerated,” he said. Each party now leans The successes of these two cases serve as both a closer to the political margins, and the views on source of encouragement and a source of caution those margins have become more dominant. As a on the pernicious consequences that can follow consequence of this polarization, parties that are in the wake of peace agreements. inclined toward compromise are less relevant. Richard English, Distinguished Professorial The Brexit debate has further reinforced polar- Fellow in the Senator George J. Mitchell Institute ization. for Global Peace, Security and Justice at Queen’s English also pointed to a “degradation of University Belfast, and Faculty Affiliate of normal democratic approaches” that has occurred The Pearson Institute joined Andrew Thomson, since the peace agreement. In part, this means Lecturer at Queen’s and Fellow at the Mitchell there is a deliberate historical amnesia about the Institute for a comparative discussion on these controversial roles that some current politicians countries’ peace agreements. English and Thom- played during The Troubles, as the conflict in son made clear that though the peace accords in Northern Ireland is known. This degradation has Northern Ireland and Colombia were historic, also involved questionable government intelli- admirable achievements, in each case society gence and surveillance activities. was also left with undesirable residual effects of Furthermore, there have been changes in the peace agreements. the cultural dynamics of Northern Ireland. Par- English first focused on the negative political adoxically, Northern Ireland has been arguably dynamics that have succeeded the Good Friday more divided socially since the Good Friday Agreement. The two main, non-violent parties Agreement than during The Troubles. One main that were on each side during the conflict are reason is that there is a lower cost for expressing now effectively torn up and irrelevant. In their division. During the conflict, identifying with 1 one side could make an individual a target of contrast, negotiations in Colombia have occurred violence by the other side. Now, post-conflict, in a piecemeal fashion — with the government of there is little cost to airing an allegiance to one Colombia negotiating with each actor in turn. side. In addition, illicit drug use was relatively The two approaches to negotiations each less common during the conflict, possibly due present advantages and disadvantages. Bringing to higher social cohesion, paramilitary pressure, all parties to the table simultaneously increas- and stronger religious adherence. es the number of veto players in the equation, When comparing the Northern Irish expe- and it becomes more challenging to pin down rience to the Colombian experience, Thomson an acceptable agreement. On the other hand, a contrasted how negotiations took place and the piecemeal approach may lead to a partial peace, consequences of each approach. In Northern with particular actors waging acts of violence Ireland, the approach was to bring all actors to even after others have agreed to terms with the the table simultaneously for negotiations. In government. In Colombia, this has meant the 2 government achieving a deal with the primary the agreed terms of the peace deal. For exam- violent actor — the Revolutionary Armed Forc- ple, many groups continue to expand territorial es of Colombia (FARC) — while smaller armed control making land reform and restitution more groups, for example, the National Liberation difficult, therefore making it harder to address Army (ELN), continue to pose obstacles. some root causes of conflict. Armed groups There have been direct threats to peace where warring parties excluded from the 2016 target human rights defenders, union leaders, FARC-government peace agreement have target- and leaders of social movements. Over 500 such ed or threatened FARC members. In interviews activists have been targeted or killed since 2012 with members of the FARC, many were afraid of — many in territories formerly controlled by the being targeted by other armed groups. Disarming FARC. and disbanding requires that the FARC members Thomson suggested that an area for further trust that the Colombian government will provide research is how different factions may compare them with adequate protection. Furthermore, deals amongst each other when negotiating with in some contexts where a power or economic the government in a piecemeal approach. vacuum was created by FARC demobilization, One commonality between both Northern Ire- some former FARC members have joined splinter land and Colombia is that in both cases, a peace groups or dissident organizations. agreement was far from inevitable. Both English Continued violence more generally indirect- and Thomson conveyed that despite the adverse ly threatens peace by making it more difficult complexities following each agreement, they for the Colombian government to implement represent laudable steps toward peace. 3 4 Radicalization and Rebuilding in the Middle East Speaker: Chair: Nussaibah Younis, Senior Adviser, Richard English, Distinguished Professorial Fellow, European Institute of Peace the Senator George J. Mitchell Institute for Global Peace, Security and Justice at Queen’s University Belfast; Faculty Affiliate, The Pearson Institute victor’s peace describes a peace in which the role and motive of those who were involved A one side dominates another. While the has led to an approach in which everyone in- annihilation of ISIS (Islamic State in Iraq and volved is convicted. There is no room in the legal Syria) is worthy of celebration, Dr. Nussaibah structure to address actions committed under Younis, Senior Adviser at the European Institute duress. Low level collaborators who were forced of Peace, points out that many questions remain to work with ISIS are punished in similar ways either unresolved or have been hastily answered as those who actively chose to join the militant under the guise of convenience. Typically, fol- group. The most dangerous architects of the lowing defeat, warring parties enter into negotia- conflict are not facing the responsibilities they tions to determine division of resources and rep- should, whereas those coerced into joining ISIS arations. Yet, when one party is eliminated and continue to be victims. Detainee rights clearly thus, unable to come to the table, how are ques- delineated in the Iraqi Constitution are moot tions regarding justice addressed? Who deserves because to serve as the legal representative or to punishment? How is punishment delivered? If demand that these rights apply for former ISIS the terms of such a peace are determined to be members means being a traitor, or worse, pro- unfair and unjust by the communities affected, ISIS. it is likely that the world will see an even more The families of those involved with ISIS also aggressive outbreak of violence in a generation’s remain in limbo, held in camps because their time. As the Middle East rebuilds, peace terms own communities have shunned them. The Iraqi determined under the lure of expediency and government lacks a plan to deal with the popula- convenience will jeopardize a long-term peace. tion of women and children who are considered In Iraq, there is no prosecutorial strategy to guilty by association. Under the sense of collec- determine how to deal with former ISIS members tive punishment, some tribal communities have and to decide who ought to be held accountable offered to reaccept tribes that had ISIS members and to what extent. The difficulty in demarcating provided that compensation or “blood money” 5 is offered. Yet, these internally tions and
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