Oireachtas Joint and Select Committees

Tuesday, 14 December 2021

Joint Oireachtas Committee on Foreign Affairs and Trade, and Defence

EU Special Representative: Mr. Eamon Gilmore

Mr. Eamon Gilmore:

I will start by responding to Deputy Leddin. There is no doubt the single biggest concern that the European and I have about the implementation of the peace agreement in Colombia and the human rights position there is the number of people being killed. These include former combatants, social leaders and human rights defenders. As we have said, many of these human rights defenders have worked on environmental matters. In turn, many of these are women and indigenous or Afro-Colombian.

There is a battle for the environment and this is very much related to what went on at COP26. We can speak, for example, of protection of the Amazon and the territories in its region or issues relating to deforestation. We can consider the problem of both legal and illegal mining along some of the rivers connected to it. There are people who are defending the environment, trying to stop deforestation and protect a sustainable way of living with that very sensitive ecosystem and environment. These people are increasingly being put at risk. This often happens in remote parts of the country where the presence of the state is very limited or, in some places, it does not exist at all. People are being intimidated, killed and put in harm's way.

We rely first on the office of the ombudsman in Colombia to do much reporting on this work and that is one of the reasons the European Union has provided additional funding for the office. In the discussions we have with the Colombian Government, the first item on the agenda, invariably, is the position with the continuing violence in these parts of the country and the need for more protection and a more comprehensive approach to the provision of security. There are provisions in the peace agreement to provide for systems where local communities are involved in the development of security. We talk about that. Of course, there is the question of accountability. This relates not just to those who carry out the killings but those who are behind them. They must also be brought to account. Again, it is one of the reasons we provided finance for the establishment of what we call a special investigation unit in the office of the national prosecutor in Colombia. It is to look not only for the gun that kills somebody but on whose behalf that shot was fired. That is an approach we are taking.

I was asked about the Escazú agreement. We have spoken about it and about a year ago I did a dedicated event that was organised by civic society in support of Escazú agreement. It is an issue we will discuss at the forthcoming human rights dialogue. I am not in a position to speak about the deployment of funding from individual EU member states. In respect of the peace agreement, we essentially fund three main areas. One is the establishment of the special investigation unit I have referred. The second is support for the reincorporation or reintegration of former combatants, and we have provided substantial funding for that. The third area is the support for rural development, which is being done through a bottom-up approach that I have referred to.

On the forthcoming presidential election, I have been talking to some people, either declared candidates or people who may be candidates. From what I am seeing, I am confident there will be a continuation of the implementation of the agreement. I am not hearing or seeing candidates who are outright opposed to it at this point. The European Union is considering sending an election observation mission to observe those elections but a decision has not yet been taken on that. We had a preliminary team looking at the election environment. The previous elections were the most peaceful in Colombia in over 30 years and I hope these will be peaceful as well.

In addition to the presidential election we are also looking at the elections for the 16 special seats, some of which are in more remote and vulnerable areas in the country. We are going to have a close look at those. When I was there three weeks ago I participated with the electoral commission in the launch of a particular campaign that the European Union is supporting. That is basically about providing support to women candidates, not for their electoral activity but to help fight intimidation. There is much of that on social media and many people are facing risks. We are paying particular attention to that.

That probably addresses some of what Deputy Clarke raised. She asked about the 15% figure but it is not just about that. It is also about the 37% that has been initiated but, frankly, has not got very far in some cases. The common thread here relates to resources. Much of this agreement will be very expensive to implement, particularly rural development elements and those relating to payment of reparations to victims. There are also elements relating to crop substitution. The next stage of the implementation of this agreement is one where more resources will be required from the Colombian Government and Colombian society. It is something I expect to be addressed in the context of the forthcoming election. There is the question of putting one's finger on what is being held back; as with many countries, it is a question of resources.

What can individual countries do on the business and human rights agenda? It is open to countries to move ahead and some European countries have done that. For example, Germany has introduced due diligence legislation and the Netherlands is considering it. I attended a Finnish parliamentary committee - it was virtual, of course - this morning and that country is also talking about it. It is something the Legislature could certainly consider. It is also fair to say the European Union will lead on this and it is not a case that it will drag its feet.

In the discussions I have had with the private sector and business organisations, I see a willingness to proceed with this. Many companies are very concerned about their own corporate reputation. I remember being in a third country that was trying to size up how serious I was about the trade preferences as there were human rights issues. I made the point to those people that they should not be as concerned about officials in buildings in Brussels as the European consumer. If the European consumer thinks a product is made with child or forced labour, he or she is likely to leave that product on the hanger. Companies are increasingly aware of that.

Therefore, there is probably a greater willingness than is sometimes appreciated, among businesses and the private sector, to move ahead with this.

I was asked about Covid-19 and women. The biggest impact, right across the board, has probably been on domestic violence. Unfortunately, with the Covid situation and lockdown, we have seen a dramatic increase in domestic violence and violence against women, right across the world. That has to be urgently addressed. It is one of the reasons, for example, the Istanbul Convention in the context of Europe is so important and why it is so regrettable that Turkey has withdrawn from it.

One sees social media as having a great liberating effect. It is a great tool that will help support human rights defenders; bring us evidence much more quickly about abuses of human rights and enable the recording of violations and abuses of human rights that can in turn be used as evidence for the purpose of accountability. Of course, as we know, there is also the abuse of social media, such as its abuse by states for surveillance of their own populations and abuse in the political sphere, sometimes in an organised way, to intimidate and bad-mouth opponents, much of which targets women, especially those active in the political sphere. The European Union has a code of conduct with the main platforms. There is a digital services Act in the process of being discussed and maybe some of that will find its way into the Act.

Deputy Stanton referred to the retreat on democracy. The 68% includes not just absolute autocracies, but also electoral autocracies. One could probably argue all day about whether particular countries should be included on that list, but the point we need to be aware of is that the graph is moving the wrong way. We are seeing more of a shift in the wrong way, as far as democracy is concerned.

There are several impacts of Venezuela on Colombia. One of them has been the issue of migration and refugees. There are 2 million Venezuelan migrants in Colombia. It deserves great credit for the way in which it has received and welcomed those migrants. It has, as the Deputy said, provided them with access to public services. It decided, for example, that every child born in Colombia of Venezuelan parents, irrespective of the status of those parents, was automatically given Colombian citizenship. Much can be learned in Europe from how South American countries, many of which are not as well resourced as European countries, have dealt with the migration crisis arising from Venezuela. In Brazil, where I was recently, more than 250,000 migrants have been similarly received and welcomed. There is a lesson to be learned from that.

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