Oireachtas Joint and Select Committees

Thursday, 25 May 2017

Joint Oireachtas Committee on Foreign Affairs and Trade, and Defence

EU Foreign Affairs Council

10:00 am

Photo of Seán CroweSeán Crowe (Dublin South West, Sinn Fein) | Oireachtas source

The Minister referred to the 1,500 Palestinians on hunger strike and said he is not in favour of the use of hunger strikes. Does he not accept that, for those who go on hunger strike, it is not a step that is taken lightly but is, rather, an act of desperation? Does he not accept that many of their demands, such as access to longer and more regular family visits and to medical care, are reasonable and, as would be the case in any democratic society, should be acceded to? These are basic demands that one would imagine any society would deliver to prisoners.

The Minister said he raised his concerns. What are his concerns regarding the situation in Palestine? Would he accept that Israel continues to violate international human rights law with impunity? Are they part of the concerns the Minister raised with the Israeli Embassy here in Dublin?

The Minister said that Egypt was discussed at the February Foreign Affairs Council meeting. The Egyptian Foreign Minister joined the lunchtime discussion. I presume the Minister, Deputy Flanagan, raised the Ibrahim Halawa case with him. Did he encourage other EU Foreign Ministers to raise Mr. Halawa's case and call for the immediate release of this European Union citizen who has now spent almost four years in jail? As the Minister knows, Mr. Halawa's trial has been adjourned 25 times. Recently, the Minister has been trying to put a positive spin on the ongoing illegal incarceration of Mr. Halawa by pointing to witness testimony being heard and to shorter adjournments. Has he ever pointed out that, under Egyptian pre-trial law, detention, particularly for a minor, in excess of two years is illegal? Why has the Minister not raised that publicly? Why has he not also pointed out that Mr. Halawa's name does not even appear on the book of evidence linking him to any alleged crimes? Why has that not been raised in public discourse?

I am concerned that the Minister is lending some sort of legitimacy of this mass-trial process that does not stand up to even the most basic international or democratic standards. I can only assume that his putting a positive spin on matters will take attention away from what, up to now, has been a failed, quiet diplomacy strategy. Mr. Halawa's next trial date is not for another six weeks. He continues to spend his time in prison despite allegations of sexual assault and despite an Irish doctor calling for his immediate release on health grounds. Will the Minister finally act and pursue an international legal challenge against Egypt over its treatment of this Irish citizen?

I do not believe that Western Sahara has been referred to by anyone. I am very concerned about the efforts of the European Commission to renegotiate adoption of the protocols of the association agreement between the EU and Morocco. Was this discussed at April's Foreign Affairs Council? In April the Commission wrote to member states asking them to give it a mandate to negotiate a revised agreement with Morocco that would allow the Union to continue importing goods from Western Sahara, including fish, phosphates and tomatoes, which would enter EU the market under the same trade regime as goods coming from Morocco. The details of the Commission's proposal are not public, but it appears that its plan consists of efforts to circumvent the December 2016 ruling of the European Court of Justice in Polisario v.Council which annulled the EU-Morocco agreement because it illegally applied to Western Sahara. It seems that the Commission now wants to negotiate exclusively with Morocco and ignore the legitimate and UN-recognised representative people of Western Sahara, the Polisario Front. That confuses the people of Western Sahara with the population there, which is made up of a majority of Moroccan settlers and the few remaining Sahrawi people who have not been forced to flee. Is it seeking some Moroccan institution or body to provide the consent of the population while the European Court of Justice stated that Western Sahara is a distinct and separate entity?

Is the Minister concerned that the Commission that led the EU into this situation where the European Court of Justice had to annul the previous EU-Morocco agreement is now trying to involve member states in another act of illegality which would undoubtedly be challenged, and presumably annulled, by the Polisario Front at another EU court? Is he concerned that the European Commission seems to want to undermine the landmark ruling of the European Court of Justice? What is Ireland's position on the matter?

The Minister mentioned that Turkey and the fact that this committee met Faysal Sariyildiz, an MP for the HDP. We are all aware of the appalling prison conditions under which many of the HDP MPs and mayors are being held. Many are being kept in solitary confinement. We are aware of the oppression of the Kurdish community in the south-east of the country. The Minister referred to the Turkish referendum called by President Erdoan. What is the Irish position on that referendum? I am a member of the Parliamentary Assembly of the Council of Europe, PACE. Two of the members of PACE monitored the referendum in Turkey. President Erdoan appeared on Turkish television to state that these two members, who were monitoring on behalf of PACE, were sympathetic to terrorists. Does the Minister have a view on that? Is he concerned about the health and well-being of HDP MPs who remain in jail in Turkey? Does he believe they should be released? Is the Minister aware that two Turkish teachers who were dismissed from their jobs and went on hunger strike have been detained by police in Ankara and there are fears that they may be force-fed?

There was a question about linking development co-operation policies, instruments and budgets to migration management and border control. The concern is that, in the context of the return, readmission and integration of nationals, the EU is using the leverage of its relevant policies, instruments and tools, including those relating to development and trade. Does Ireland agree with this apparent shift in policy on development aid? We know that there are 750 million poor and vulnerable people, half of whom living in Africa, that 20 million people are at risk of starvation and that 64 million are living as refugees or are internally displaced. Would the Minister agree that it is wrong for the EU to focus on migration when there is such poverty and inequality?

I have other questions, but the Chairman is nodding at me.

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