Justice, Truth and Oral History: Legislating the Past 'From Below' in Northern Ireland

Drawing on the ‘from below’ perspective which has emerged in transitional justice scholarship and practice<br/>over the past two decades, this article critically examines the dealing with the past debate in Northern<br/>Ireland. The paper begins by offering an outline of the from below perspective in the context of post-conflict<br/>or post-authoritarian societies which are struggling to come to terms with past violence and human rights<br/>abuses. Having provided some of the legal and political background to the most recent efforts to deal with<br/>the past in Northern Ireland, it then critically examines the relevant past-related provisions of the Stormont<br/>House Agreement, namely the institutions which are designed to facilitate ‘justice’, truth recovery and the<br/>establishment of an Oral History Archive. Drawing from the political science and social movement<br/>literature on lobbying and the ways in which interests groups may seek to influence policy, the paper then<br/>explores the efforts of the authors and others to contribute to the broader public debate, including through<br/>drafting and circulating a ‘Model Bill’ on dealing with the past (reproduced elsewhere in this issue) as a<br/>counterweight to the legislation which is required from the British government to implement the Stormont<br/>House Agreement. The authors argue that the combination of technical capacity, grass-roots<br/>credibility and ‘international-savvy’ local solutions offers a framework for praxis from below in other<br/>contexts where activists are struggling to extend ownership of transitional justice beyond political elites.<br/>Keywords: transitional justice; from below; dealing with the past; legislation; truth<br/>recovery; prosecutions; oral history