Can Civil Society Succeed Where Elites Have Failed in the War on Sectarianism? Towards an infinitely demanding politics for the North

Caught between the well-armed imaginations of paramilitary organisations competing for the hearts and minds of a divided population, and state engineering of a liberal peace, civil society's impact on Northern Ireland's identity politics was limited during the thirty-year conflict. Specifically, the community and voluntary sector itself has tended to replicate as much as it challenged patterns of segregation in many of its own structures. With plans set out in the Northern Ireland Executive's Programme for Government (2008-11) to engage civil society in opening a new era of ‘good relations’ work to counter sectarianism and racism, civil society organisations will face a complex terrain, facing scepticism about their contribution to peace-making before the Good Friday Agreement, and working in a post-Agreement environment marked by continuing elite and communal antagonism demonstrated by the crisis at the turn of 2009 over devolution of justice and policing powers to the Northern Ireland Executive. A significant aspect of the resolution was a belated agreement by Sinn Fein and the DUP on a new community relation strategy, Cohesion, Sharing and Integration. This article suggests that civil society has a significant role to play in encouraging communities to confront the contradictions and tensions that continue to haunt the political architects of the Good Friday Agreement by affirming a radical and contingent vision of democracy as democratisation at a distance from the identity-saturated politics of the state-region of Northern Ireland. It draws on the work of Simon Critchley, Emmanuel Levinas and Wendy Brown, to offer an approach to identity politics in post-conflict Northern Ireland, focusing on the future orientation of civil society.

Realising political equality: the European Court of Human Rights and positive obligations in a democracy'

The European Convention on Human Rights (ECHR) speaks of the importance of an “effective political democracy” in its Preamble, though it is only in Article 3 of Protocol 1 (P1-3) that we find a right to free elections. This paper discusses the role of “positive obligations” under P1-3. This paper outlines the positive obligations in P1-3 focusing on obligations where the state is required to do more than just change the law. This may mean providing resources or facilities, adopting regulatory frameworks or creating new institutions. The paper highlights specific positive obligations that need to be further developed in the jurisprudence of the European Court of Human Rights (ECtHR). Sometimes these can be developed by analogy with positive obligations recognised in other areas of ECtHR jurisprudence. However, beyond these cases, states should ensure that members of vulnerable and disadvantaged minorities are able to participate in the electoral process and should ensure that dominant political groups cannot abuse their political power to exclude other parties unfairly. This is necessary to realise equal political rights. The second section of this paper sketches some preliminary points about the Strasbourg institutions’ approach to P1-3. After that, the third section identifies circumstances where the ECtHR should apply a more intense scrutiny in P1-3 cases. The fourth, fifth and sixth sections look at positive obligations relating to the right to vote, the right to run for election and the regulation of political parties.