Dick Roche (Wicklow, Fianna Fail)

I share the Deputy's dismay over the decision of the Government of Sri Lanka to order the expulsion of Mr. James Elder, the UNICEF communications chief in Sri Lanka, on 21 September. Mr. Elder's expulsion follows the sentencing on 31 August of the journalist J. S. Tissainayagam to 20 years hard labour by the Colombo High Court on charges of violating anti-terrorism laws. Both cases give rise to concerns related to freedom of expression and the freedom of the press in Sri Lanka. I believe an independent review should consider the allegations of serious breaches of international humanitarian law in the course of the conflict in Sri Lanka, including intensive shelling by Government forces in areas in which significant numbers of civilians were trapped, the use of civilians as human shields by the Liberation Tigers of Tamil Eelam, LTTE, and the forced conscription of civilians and children into LTTE units. These are issues of concern. At the European Foreign Ministers meeting on 18 May the need for the parties to respect their obligations fully under international humanitarian and human rights law was reiterated and a call made that the alleged violations of these laws would be investigated through an independent inquiry.

The call was reiterated by the EU Presidency at a special session of the UN Human Rights Council on the situation in Sri Lanka held in Geneva from 26 to 27 May. In its national statement at the special session, Ireland also called for an independent inquiry. My preference is for this inquiry to be carried out under the auspices of the UN Human Rights Council and to cover violations perpetrated by all parties. However, efforts by the European Union to have a resolution passed which would endorse a call for an inquiry into breaches of international law have regrettably been unsuccessful. Despite this, I remain committed to the principle of such an inquiry, although I concede the chances of securing a UN-based inquiry now appears to be slim. I envisage such an inquiry as one element in the overall response of the international community to Sri Lanka's post-conflict rehabilitation and reconstruction needs.

At EU level, Foreign Ministers will discuss the situation in Sri Lanka at the General Affairs and External Relations Council in October. Ministers will discuss how best to engage the Government of Sri Lanka in a meaningful dialogue which will enable us to assist the internal displaced persons in the camps, of whom there are more than 280,000, and which will also facilitate the genuinely inclusive process of political reconciliation with the Tamil minority which is urgently needed. This must be based on the principles of parity of esteem, consent, equality, the rule of law and, above all, respect for human rights.

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