Spacing Commemorative-related Violence in Northern Ireland: Assessing the implications for a society in transition

This paper explores the geography of commemorative-related violence in Northern Ireland and considers its ramifications for a society in transition. Using original primary research, this article contributes to discussions on violence, space and memory through a spatial analysis of new quantitative archival data and existing archival material explored through a multi-disciplinary lens. It examines the complex relationship between the practices and processes of commemoration, the violence that it sometimes occasions and the places in which such violence exists. In unpacking this specific form of violence we consider the continued importance of both place and past in a post-conflict society. This includes a concern for the changing structures and forms of governance that influence how the past is negotiated as Northern Ireland marks a decade of commemorations leading up to the centenary of its contested creation.

Who Tells What to Whom and How: The Prisons Memory Archive

This essay will consider the recording and exhibition of stories from a conflicted past in a contested present; who gets to tell what stories to whom and under what conditions? I will use the case study of the online Prisons Memory Archive (PMA) – a collection of filmed interviews at the locations of the Maze and Long Kesh Prison, which held male prisoners, and Armagh Gaol, which held female prisoners. Both operated during the period of political violence during the last third of the 20th century in the North of Ireland (www.prisonsmemoryarchive.com). As Director of the PMA, I was involved from research through production to exhibition.

Sporting Justice: An Arbitrator's Perspective

Drawing on my experience of a number of sports dispute resolution tribunals in the UK and Ireland (such as Sports Resolutions UK; Just Sport Ireland; the Football Association of Ireland’s Disciplinary Panel and the Gaelic Athletic Association’s Dispute Resolution Authority) I intend to use this paper to review the legal arguments typically made in sports-related arbitrations. These points of interest can be summarised as a series of three questions: the fairness question; the liability question; the penalty question.

In answer to the fairness question, the aim is to give a brief outline on best practice in establishing a "fair" sports disciplinary tribunal. The answer, I believe, is always twofold in nature: first, and to paraphrase Lord Steyn in R v Secretary of State For The Home Department, Ex Parte Daly [2001] UKHL 26 at [28] "in law, context is everything" – translated into the present matter, this means that in sports disciplinary cases, the more serious the charges against the individual (in terms of reputational damage, economic impact and/or length of sanction); the more tightly wrapped the procedural safeguards surrounding any subsequent disciplinary hearing must be. A fair disciplinary system will be discussed in the context of the principles laid down in Article 8 of the World Anti-Doping Code which, in effect, acts as sport’s Article 6 of the ECHR on a right to a fair trial.

Following on from the above, in the 60 or so sports arbitrations that I have heard, there are two further points of interest. First, the claim before the arbitral panel will often be framed in an argument that, for various reasons of substantive and procedural irregularity, the sanction imposed on the appellant should be quashed ("the liability"). Second, and in alternative, that the sanction imposed was wholly disproportionate ("the penalty").

The liability issue usually breaks down into two further questions. First, what is the nature of the legal duty upon a sports body in exercising its disciplinary remit? Second, to what extent does a de novo hearing on appeal cure any apparent defects in a hearing of first instance? The first issue often results in an arbitral panel debating the contra preferentum approach to the interpretation of a contested rule i.e., the sports body’s rules in question are so ambiguous that they should be interpreted in a manner to the detriment of the rule maker and in favour of the appellant. On the second matter, it now appears to be a general principle of sports law, administrative law and even human rights law that even if a violation of the principles of natural justice takes place at the first instance stage of a disciplinary process, they may be cured on de novo appeal. Authority for this approach can be found at the Court of Arbitration for Sport and in particular in CAS 2009/A/1920 FK Pobeda, Aleksandar Zabrcanec, Nikolce Zdraveski v UEFA at para 87.

The question on proportionality asks what, aside from precedent found within the decisions of the sports body in question, are the general legal principles against which a sanction by a sports disciplinary body can be benchmarked in order to ascertain whether it is disproportionate in length or even irrational in nature?

On the matter of (dis)proportionality of sanction, the debate is usually guided by the authority in Bradley v the Jockey Club [2004] EWHC 2164 (QB) and affirmed at [2005] EWCA Civ 1056. The Bradley principles on proportionality of sports-specific sanctions, recently cited with approval at the Court of Arbitration for Sport, will be examined in this presentation.

Finally, an interesting application of many of the above principles (and others such as the appropriate standard of proof in sports disciplinary procedures) can be made to recent match-fixing or corruption related hearings held by the British Horse Racing Authority, the integrity units of snooker and tennis, and at the Court of Arbitration for Sport.

Politics and Gender in Ireland: The Quest for Political Agency

This book explores the relationship between women, the state and democratic politics in Ireland today. It highlights the conservatism of the political culture shared by all traditions on the island, and how this culture circumscribes women’s political agency in Northern Ireland and Ireland. The book explores the opportunities and obstacles to women’s participation and representation on each side of the border. The chapters take the view that public decision-making institutions and processes are subject to rules and practices that reinforce the gendered foundations of democratic politics. They document women’s continuing quest for full participation and equal representation in these male-gendered arenas. The contributors focus on the marginalised experiences of women in modern politics in Ireland and detail their efforts to challenge the masculinized status quo. The book addresses the classical issues of citizenship, participation, representation and equal rights in a sustained analysis of the political systems on the island. It also deals with modern issues – multiculturalism, peace-building, the male-gendered legislature and the unequal nature of women’s citizenship in constitutional, institutional and policy contexts. The book is completed by a comprehensive appendix of all women elected to political office on the island from 1918-2013.

Representing Irishness in Belfast’s Gaeltacht Quarter

This paper examines a place-making project in post-conflict Belfast, analyzing efforts to transform an area which has often been used as a byword for militant Irish nationalism and social deprivation into an inclusive, vibrant tourist destination and cultural hub themed around the Irish language (called the "Gaeltacht Quarter‟). The antagonistic and territorial assumptions about place that characterize divided cities now co-exist with global trends towards the commodification of difference as recreation or spectacle, and longstanding struggles over the representation of contested identities are intertwined with the struggle to compete for international tourism and investment. The proliferation of officially themed quarters in many cities across the world reflects the enthusiasm with which planning authorities have embraced the vision of difference as a benign resource for the creation of tourist revenue. Yet, analysis of „quartering‟ processes reveals that such commodification does not neutralise or evade the political potency of naming, representing and delimiting cultural difference. Indeed, this paper argues that such projects offer a valuable insight into the inseparable roles of physical and representational space as both loci and catalysts of contestation in urban conflicts. Bringing together a wide range of public and private interest groups, projects redefining parts of Belfast as distinctive quarters have been explicitly linked with efforts to deterritorialize the city. The creation of bounded, themed spaces as an attempt to leave behind the ethno-sectarian geographical segregation that parts of Belfast still experience has its particular ironies, but is in many ways typical of contemporary trends in urban planning. The Gaeltacht Quarter exemplifies both the importance and the challenge of representation within cities where culturally distinguishing features have acted as markers of violent division, and where negotiations about how to successfully encompass difference necessarily address multiple local and international audiences simultaneously.

New Irish speakers and the ‘gaelicisation’ of Belfast

New Irish speakers in Belfast play a crucial, complex part in the revitalization and change of both the city and Irish within Northern Ireland. This paper examines the role of new Irish speakers in transforming Belfast, whose emergence from a post-conflict period involves a reassessment of communal cultural expressions. Markers of ethno-national identity are bitterly contentious locally, and yet increasingly celebrated, in line with international trends, as high status cultural forms and potentially profitable tourist attractions. Irish in Belfast currently occupies an ambiguous position: divisive enough for a sign reading ‘Happy Christmas’ in Irish to be experienced as an insult by some city councillors, yet a secure enough part of the establishment for a neighbourhood to be officially rebranded as the Gaeltacht Quarter.
When, how and where new Irish speakers use the language in Belfast has implications for the relationship of Irishness to the Northern Irish state and for the place of Belfast within regional frameworks across the UK, Ireland and Europe. Adult learners and young people exiting Irish medium education have an impact on life in Belfast beyond its small population of Irish speakers. Urbanisation fuelled by new speakers, which shifts the balance of Irish language resources and speakers away from traditional rural Gaeltacht areas and towards cities, also has implications for the language itself. Recent increase in new Irish speakers in Belfast is due to expansion in the Irish-medium sector as well as to adult learners, whose decisions contribute to the school expansion.
Urbanisation, multilingualism and intergenerational shift combine in Belfast to produce new linguistic norms. Moreover, in a minority language community where hierarchies of ‘authenticity’ are weighted towards the rural and the native speaker, where the rural and the native have traditionally been conflated, and where indigeneity is a central concept to contested nationalisms, the emergence of a self-confident, youthful Irish speaking community in Northern Ireland’s biggest city involves a recalibration of the qualities signifying ‘gaelicness’. As students, professionals, hobbyists and activists, new Irish speakers in Belfast occupy a vital position at the crux of changing ideas about place, language and identity.

Look and Tell: Using Photo-Elicitation Methods with Teenagers

This article reflects on the usefulness of photo elicitation in research with young people. As part of an Economic and Social Research Council-funded project exploring conflict and divisions in contested cities, teenagers living or attending schools in segregated areas of Belfast were presented with 11 photographs depicting the city's traditional ethno religious divisions, the new ‘post conflict’ consumerist city and youth subcultures. In response to each photo, the young people produced individual written comments and their opinions were fleshed out during follow-up focus group interviews. Drawing on these responses, the strengths and weaknesses of using photo elicitation in research with young people and its capacity to generate new insights into teenagers' spatial perceptions and experiences are outlined.

Ballykinler-Ballykinlar

Ballykinler / Ballykinlar, on the Co. Down coastline with the Mourne Mountains as a backdrop is a village of 250 inhabitants, beside a British army base with 1500 inhabitants. It is a complex situation with a troubled and contested history, reflected by the two different spellings on the village road signs. The village is viewed as having low levels of community capacity and longstanding sectarian problems.
PS2 has been working with the artist, Anne Marie Dillon and the local community of Ballykinler / Ballykinlar since April 2009, facilitating and curating a range of ‘live’ projects that address the lack of shared community and cultural space. A series of projects has modestly advanced the village’s ambition- realising alternative cultural centres.

1. Bus Stop (April 2009)
www.pssquared.org/Ballykinler.php
2. Rhyzom Network Workshop (June 2010)
www.pssquared.org/research.php
3. Beach Huts (March 2011)
www.pssquared.org/beachhuts.php
4. Up Down (May 2011) (included village fair)
www.pssquared.org/UP-Down.php villageworks.org.uk/wp/
5. Transfer Tests (March 2012)
www.pssquared.org/streesociety2012.php
6. Links Community Gardens (May 2012)
www.pssquared.org/LinksGardens.php

Modulating mythology in a post-traumatic era: Murals and re-imaging in Northern Ireland.

Arguably the most ancient of the social media, wall paintings have been a persistent vehicle of cultural meaning management. The dynamics of myth markets are reflected in the sectarian murals of Northern Ireland. In this paper, we draw from consumer research literature on mythology and street art to explore the continuous revision of these wallscapes that seeks to address the enduring contradictions of civic ideology in contested political space. In particular, we focus on the use of classical, historical and pop-cultural mythologies to transform private space into public place. We examine the decommissioning of murals occurring in the wake of the Peace Accords, and speculate on the implications of the creation of a shared mythology for the future of mural painting and the state.

Reclaiming the Radical in Universal Human Rights: Universality as Universalisation

The universality of human rights has been a fiercely contested issue throughout their history. This article contributes to scholarly engagements with the universality of human rights by proposing a re-engagement with this concept in a way that is compatible with the aims of radical politics. Instead of a static attribute or characteristic of rights this article proposes that universality can be thought of as, drawing from Judith Butler, an ongoing process of universalisation. Universality accordingly emerges as a site of powerful contest between competing ideas of what human rights should mean, do or say, and universal concepts are continually reworked through political activity. This leads to a differing conception of rights politics than traditional liberal approaches but, moreover, challenges such approaches. This understanding of universality allows human rights to come into view as potentially of use in interrupting liberal regimes and, crucially, opens possibilities to reclaim the radical in rights.

A Pension for Injured Victims of the Troubles: Reparations or Reifying Victim Hierarchy?

Reparations have been often used victim-centred measures to redress both private harm and gross violations of human rights. However, with the increasing occurrence of internal armed conflict and political violence, identities of victims and perpetrators in protracted conflicts can become blurred for some individuals. In countries like Peru and Northern Ireland that have suffered protracted violence, victimhood has been contested around which individuals are seen as innocent and deserving to exclude any members of non-state armed groups from claiming reparations. This article explores the issue of a proposed bill on a pension for injured victims of the Troubles in Northern Ireland. It identifies that there is no consistent state practice or human rights jurisprudence in this area, but instead offers a more complex approach through four models that can grapple with the seeming diametrically opposed victimhood and responsibility, by including victimised-perpetrators in reparations programmes such as that proposed for a pension of seriously injured victims in Northern Ireland.

Not all social cleavages are the same: On the relationship between religious diversity and party system fragmentation

Most studies examining the relationship between social cleavages and party system fragmentation maintain that higher levels of social diversity lead to greater party system fragmentation. However, most aggregate-level studies focus on one type of social cleavage:ethnic diversity. In order to develop a better understanding of how different cleavages impact electoral competition, this paper considers another type of social cleavage: religious diversity.Contrary to previous literature, higher levels of religious diversity provide incentives for cross-religious cooperation, which in turn reduces party system fragmentation. Using a cross national data set of elections from 1946-2011, the results show that, in contrast to most studies examining the effects of social cleavage diversity on the number of parties, higher religious diversity is associated with lower levels of party system fragmentation.

Remembering forwards: or how to live together in the future with divided memories

Memory is thought to be about the past. The past is a problem in conflict transformation. This lecture suggests memory can also be about the future. It introduces the notion of remembering forwards, which is contrasted with remembering backwards. The distinction between these two forms of remembering defines the burden of memory in post-conflict societies generally and specifically in Ireland. In societies emerging out of conflict, where divided memories in part constituted the conflict, social memory privileges remembering backward. Collective and personal memories elide within social memory to perpetuate divided group identities and contested personal narratives. Above all, social memory works to arbitrate the future, by predisposing an extreme memory culture that locks people into the past. Forgetting the past is impossible and undesirable. What is needed in societies emerging out of conflict is to be released from the hold that oppressive and haunting memories have over people. This lecture will suggest that this is found in the idea of remembering forwards. This is not the same as forgetting. It is remembering to cease to remember oppressive and haunting memories. It does not involve non-remembrance but active remembering: remembering to cease to remember the past. While the past lives in us always, remembering forwards assists us in not living in the past. Remembering forwards thus allows us to live in tolerance in the future despite the reality that divided memories endure and live on. The lecture further argues that these enduring divided memories need to be reimagined by the application of truth, tolerance, togetherness and trajectory. The lecture suggests that it is through remembering forwards with truth, tolerance, togetherness and trajectory that people in post-conflict societies can inherit the future despite their divided pasts and live in tolerance in the midst of contested memories.

Realidade histórica na narrativa de ficção angolana: Mayombe, de Pepetela o ministro, de Wanhenga Xitu o vento que desorienta o caçador, de A. Santos

Usando documentos oficiais, registos legislativos, memórias e outras fontes documentais escritas produzidos no período entre os anos 60 e início da década de 90 do século XX, o presente estudo procura estabelecer a relação entre a narrativa de ficção e a realidade histórica documentada. O procedimento metodológico consistiu no confronto de registos de factos da realidade nos referidos documentos com o mundo possível criado pelos escritores. A investigação centrou-se nos romances de três escritores angolanos (Pepetela, Wanhenga Xitu e Arnaldo Santos). Os resultados demonstram que os textos ficcionais escolhidos se estruturam a partir da matéria de extracção histórica. O produto da pesquisa contribui para legitimar o valor documental das obras escolhidas entre outras que fazem parte da narrativa de ficção angolana. O trabalho visa, também, uma finalidade didáctica: a explicação de textos de ficção narrativa que analisam momentos marcantes da história recente de Angola; HISTORICAL REALITY IN THE NARRATIVE OF ANGOLAN FICTION ABSTRACT: Using official documents, legislative records, memories, and other written documental sources produced in the period between the sixties and the early nineties of the XX century, this study seeks to establish a relationship between fiction narrative and historical reality. The methodological procedure consisted in the comparison of records of the facts in the aforesaid documents with a possible world created by the author. The research focuses on novels by three Angolan writers (Pepetela, Wanhenga Xitu, and Arnaldo Santos). The results indicate that the selected fictional texts are structured from topics relating to history. The research outcome contributes to legitimate the documental value of the Works selected amongst those forming part of the Angolan fiction. Furthermore, the research serves another didactic purpose: explaining narrative fiction texts that review defining moments of the recent history of Angola.

A Race to the bottom – Prison Education and the English and Welsh Policy Context

This article examines prison education in England and Wales arguing that a disjuncture exists between the policy rhetoric of entitlement to education in prison at the European level and the playing out of that entitlement in English and Welsh prisons. Caught between conflicting discourses around a need to combat recidivism and a need for incarceration, prison education in England exists within a policy context informed, in part, by an international human rights agenda on the one hand and global recession, financial cutbacks, and a moral panic about crime on the other. The European Commission has highlighted a number of challenges facing prison education in Europe including over‐crowded institutions, increasing diversity in prison populations, the need to keep pace with pedagogical changes in mainstream education and the adoption of new technologies for learning (Hawley et al., 2013). These are challenges confronting all policy makers involved in prison education in England and Wales in a policy context that is messy, contradictory and fiercely contested. The article argues that this policy context, exacerbated by socio‐economic discourses around neo‐liberalism, is leading to a race‐to‐the‐bottom in the standards of educational provision for prisoners in England and Wales.