Dáil debates

Thursday, 24 March 2005

11:00 am

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I move:

That Dáil Éireann,

—notes with concern the case of Mr. Roy Bennett, the Movement for Democratic Change, MDC, Opposition Member of Parliament, who was sentenced by the Zimbabwean Parliament in October 2004 to 12 months imprisonment with labour, and in particular notes the apparently arbitrary procedures employed in Mr. Bennett's trial and conviction by a committee of the Zimbabwean Parliament rather than by an ordinary court, where the maximum penalty applicable would have been a small fine, and further notes that while it is not possible to condone the action for which Mr. Bennett was sentenced, it is clear that the sentence imposed was politically motivated and wholly disproportionate to the offence committed;

—furthermore takes note of the fact that the imprisonment of Mr. Bennett is one of many incidents in an overall pattern of harassment, intimidation and violence which opposition politicians and supporters have faced in Zimbabwe for some years now, and the fact that regrettably, the overall human rights situation in Zimbabwe continues to deteriorate, with arbitrary arrests and ongoing politically inspired violence;

—supports the efforts of the Government and its EU partners in continuing to take the lead in highlighting the serious human rights situation in Zimbabwe, including through tabling a resolution on the issue at the recent session of the UN General Assembly, and in continuing to press for the repeal of repressive legislation and an end to attacks on basic freedoms by the Zimbabwean authorities; and

decides to forward the terms of this motion to the Speaker of the Zimbabwean Parliament.

I wish to share time with the Minister of State at the Department of the Taoiseach, Deputy Kitt.

Séamus Pattison (Carlow-Kilkenny, Labour)
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Is that agreed? Agreed.

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I am pleased to move this motion regarding the case of Mr. Roy Bennett, the Movement for Democratic Change, MDC, Member of Parliament in the Zimbabwean Parliament. It is important that Dáil Éireann should have the opportunity to discuss and convey its concerns regarding this serious ill-treatment of a fellow parliamentarian in a country with which Ireland has strong links.

Both the German and Swedish Parliaments have conveyed their concerns via their respective speakers to the Zimbabwean authorities regarding the treatment of Mr. Bennett, while the European Parliament has also commented critically on Mr. Bennett's treatment in a resolution adopted last December. The Government has closely followed Mr. Bennett's case and shares many of the concerns expressed regarding the manner in which Mr. Bennett has been treated and the handling of the matter by the Zimbabwean Parliament.

There is no doubt that certain of the procedures employed in the establishment of the committee of privileges of the Zimbabwean Parliament, which heard Mr. Bennett's case and which subsequently sentenced him to 12 months' imprisonment with labour, are open to question. From a review of the events following the incident in the Zimbabwean Parliament on 18 May 2004, during which Mr. Bennett shoved the Zimbabwean Minister for Justice to the floor, it is difficult to conclude in any objective way that Mr. Bennett received a fair hearing. It is also clear that Mr. Bennett was subjected to considerable provocation immediately prior to the incident, which resulted in his imprisonment.

While I do not wish to condone those actions that resulted in Mr. Bennett's imprisonment, it is clear that the sentence imposed was politically motivated and wholly disproportionate to the offence committed. There is no precedent for the Zimbabwean Parliament having sentenced one of its members to imprisonment in this way, even though similar events have occurred in that legislature in the past. The severity of the sentence is unprecedented internationally.

At my request, our embassy in South Africa, which is also accredited to Zimbabwe, has been actively pursuing the case of Mr. Bennett. Our ambassador conveyed our serious concerns at a meeting with the acting director general of the Zimbabwean Foreign Ministry in Harare on 8 March. The ambassador has also raised Mr. Bennett's case with a wide range of contacts during his regular visits to Zimbabwe, including the Zimbabwean Lawyers for Human Rights, the MDC and the much-respected figure of Archbishop Pius Ncube.

The Government has chosen to raise Mr. Bennett's case on account of the serious political and human rights issues that arise. Mr. Bennett is not an Irish citizen and, accordingly, we have no consular standing in the matter. Our embassy has not received any approaches from the Bennett family to intervene on his behalf. Our ambassador is extremely active in engaging with and working on behalf of the sizeable Irish community in Zimbabwe. As with the remainder of the Zimbabwean population, the Irish community in that country has many concerns arising from the serious political, human rights and humanitarian situation that prevails there.

The ambassador and his diplomatic staff pay regular visits to Zimbabwe for the purpose of meeting the Irish community. In an effort to improve the level of consular service that we provide to our nationals in Zimbabwe, I have decided in principle to appoint an honorary consul general in Zimbabwe and will pursue the modalities of such an appointment with the Zimbabwean authorities.

Ireland, along with the UK, has also taken the lead in raising Mr. Bennett's case at EU level and ensuring that EU ambassadors in Harare remain active on this matter. The EU is now taking steps to discuss the affair with the members of SADC, the Southern African Development Community, of which Zimbabwe is a member, as an example of the continuing failure of the Zimbabwean Government to improve the human rights situation in Zimbabwe in areas such as freedom of expression and association, despite commitments to do so in advance of this month's parliamentary elections.

I regret that efforts to appeal Mr. Bennett's sentencing in the Zimbabwean High Court have proved unsuccessful. He continues to be held in deplorable conditions in prison. A welcome and positive development, however, has been the decision of the new electoral court in Zimbabwe on 15 March to rule against efforts to disqualify Mr. Bennett and prevent him from standing in this month's elections. Pending an appeal the Zimbabwe Electoral Commission yesterday decided to lodge, Mr. Bennett has been cleared to stand in the poll in his Chimanimani district, which has been put back for one month and is due to take place on 30 April to provide a reasonable period for campaigning.

Mr. Bennett's treatment needs to be seen as part of an overall pattern of harassment, intimidation and violence that opposition politicians and supporters have faced in Zimbabwe for some years. The well documented incidents of violence and intimidation directed against Mr. Bennett and his family are, unfortunately, all too indicative of the repressive atmosphere currently prevailing in Zimbabwe. The overall human rights situation in Zimbabwe has, if anything, deteriorated since EU sanctions, targeted against the ruling elite, were first imposed in February 2002. In this regard, a particularly worrying development recently has been the adoption of legislation by the Zimbabwean Parliament that would severely restrict the operations of non-governmental organisations, particularly those in the human rights and humanitarian fields.

Ireland, both nationally and as part of the EU, has made known our concerns to the Zimbabwean authorities at ministerial level regarding the possible serious implications of this new legislation. The adoption of further repressive legislation of this type, along with the failure to make any real progress towards meeting the EU's benchmarks on improving respect for democracy, human rights and the rule of law in Zimbabwe, left the Union with no choice but to renew its restrictive measures for a further 12 months when the External Relations Council considered the issue last month.

It is against this unfavourable background that parliamentary elections have now been called for 31 March in Zimbabwe. This election will represent an important watershed for Zimbabwe and for testing whether there is a real willingness on the part of the Mugabe Government to implement political reforms and work to improve the situation in Zimbabwe as regards democracy, human rights and respect for the rule of law. The Government welcomes the fact that the MDC, despite the many obstacles it faces, has now chosen to participate in these elections.

An important yardstick by which the Government and our EU partners will assess the elections which take place on 31 March are the guidelines for holding democratic elections adopted by SADC leaders at its summit in Mauritius last August. These principles cover, inter alia, full participation of citizens in the political process, freedom of association, political tolerance, equal access to the media for all parties and respecting the independence of the judiciary and the media. The Zimbabwean Government initially committed itself to comply with these guidelines but, to date, has not demonstrated sufficient intent to introduce the necessary changes to guarantee a free and fair election.

While some positive changes have been made, they are very far from meeting the minimum threshold represented by the SADC guidelines. It is quite clear from the conduct of the election campaign to date that conditions that would equate to international standards for holding free and transparent elections cannot really be said to exist on the ground in Zimbabwe. Members of the MDC continue to be harassed and subject to state violence and arrest for attempting to campaign. Newspapers continue to be closed down by the Zimbabwean Government while the state-run broadcast media eschew any notion of balance in their campaign coverage.

Human Rights Watch has concluded in a report issued earlier this week that, due to the lack of respect demonstrated by the Zimbabwean Government for the basic freedoms prescribed in the SADC guidelines, the forthcoming elections are highly unlikely to reflect the free expression of the electorate. The Zimbabwean Government has also singularly failed to comply with the SADC guidelines in the manner in which it has belatedly issued invitations to a restricted number of countries and organisations to observe the elections. No EU country has been invited to send external observers. The Zimbabwean Government has also sought to exclude the SADC parliamentary forum, the only African group that criticised the conduct of the 2002 presidential elections as not being free and fair.

The EU will be required to rely on those invited to monitor, including international and national NGOs, as well as the reports of EU diplomats based in Harare to form its assessment of the election outcome. The Government intends to seek accreditation for our ambassador in Pretoria to join with other EU resident ambassadors in observing the elections, subject to securing the necessary clearances. In the short period which now remains before the elections, Ireland and our EU partners are continuing to engage closely with the SADC and key member states such as South Africa, urging them to use all the influence they have to ensure that, even at this late stage, Zimbabwe complies to the fullest extent possible with the SADC guidelines in advance of the elections.

I also hope the SADC will report objectively on the conduct of the elections, including by indicating clearly where the Zimbabwean Government has failed to comply in substance or in spirit with the SADC guidelines. Along with our EU partners, Ireland will continue to press for the lifting of repressive legislation and greater respect for democracy, human rights and the rule of law in Zimbabwe. We will ensure that the closest possible attention is given to the deplorable human rights situation in Zimbabwe at the current session of the UN Commission on Human Rights in Geneva.

The Government will continue to follow closely the case of Mr. Bennett and others who have been unfairly imprisoned in Zimbabwe and will use what influence we have to press for an early review of his unjust sentencing and consequential release. Accordingly, I am happy to commend the terms of this motion to the Dáil.

Photo of Tom KittTom Kitt (Dublin South, Fianna Fail)
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I am grateful to my colleague, the Minister for Foreign Affairs, for agreeing to share time with me on this important motion.

As parliamentarians, we should not underestimate the significance of today's debate and the influence we can bring to bear on the plight of a fellow parliamentarian whose human rights are being denied. I express my thanks to my colleague, Deputy Howlin, a fellow member for many years of a European parliamentary network organisation, AEPA, Association of European Parliamentarians for Africa, who raised Roy Bennett's case with me some weeks ago, putting forward the possibility of Dáil Éireann highlighting Mr. Bennett's case. I recall that during the late 1980s, shortly after my election to the Dáil, at the height of the apartheid regime in South Africa, Deputy Howlin, I and other colleagues in this House met the ANC in Harare and Lusaka. These were days when Mr. Mugabe and company were highly regarded internationally as they led the push for freedom and democracy in South Africa.

This motion is before the House thanks to the support of my colleague, the Minister for Foreign Affairs, Deputy Dermot Ahern, and my staff. Deputy Nolan informed me last night that Mr. David Coltard, MP, a colleague of Roy Bennett in Zimbabwe and spokesman on justice for the MDC, contacted the Deputy to say that there is considerable awareness in Zimbabwe of our debate today. He told Deputy Nolan that we have given him and others great encouragement and confidence in their campaign.

Like many others in this House, I am greatly concerned at the treatment of Roy Bennett and the arbitrary manner in which he has been sentenced to 12 months' imprisonment for an offence which ordinarily would attract only a very small fine on conviction in a civil court. As parliamentarians, I believe we are all affronted by the procedures used by the ZANU-PF majority in the Zimbabwean Parliament in convicting and sentencing Roy Bennett. While not condoning in any way Mr. Bennett's behaviour which resulted in his imprisonment, it is clear there was no real effort by those who subsequently heard his case to ensure justice or provide him with a fair and impartial hearing. This departure from internationally accepted parliamentary norms has been protested by speakers of other parliaments. I urge the Ceann Comhairle to make known the very strong views of the House on this matter by conveying the terms of our motion to the speaker of the Zimbabwean Parliament.

Roy Bennett's treatment sadly illustrates the climate of oppression and lack of respect for human rights which prevails in Zimbabwe today. It is difficult to escape the conclusion that an underlying motivation in jailing Mr. Bennett has been a desire on the part of those in power in Zimbabwe to silence a vocal critic of the regime. The Minister for Foreign Affairs, Deputy Dermot Ahern, has outlined the various steps which the Government has taken to raise Mr. Bennett's case. Ireland has urged action at EU level and steps are being taken to express the Union's concerns to Zimbabwe's neighbours in the SADC community. I just returned from South Africa last week and availed of the opportunity to make known our concerns on Mr. Bennett's treatment to the political leaders whom I met there. We must continue to urge SADC members to use whatever influence they can to improve the political and human rights situation in Zimbabwe.

We are just one week away from important parliamentary elections in Zimbabwe. Unfortunately, the conduct of the campaign to date does not give great cause for optimism that the people of Zimbabwe will be able to participate in a free and fair poll next Thursday. Numerous reports by organisations such as Amnesty International and the Law Society of Zimbabwe have highlighted how intimidatory tactics and the use of repressive legislation have stifled political debate and ensured the playing field is not level for all competing parties. Even at this late stage, one can only urge the Zimbabwean Government to honour its commitments to comply fully with the SADC guidelines for the holding of democratic elections. It will be important to base any judgment on the election outcome on the degree to which there has been compliance with these guidelines. As mentioned by the Minister, efforts are being made to enable the Irish Ambassador in South Africa to be present in Zimbabwe to monitor the elections with other EU ambassadors.

The Government intends to remain active on the issue of Zimbabwe in the coming months. The people of Zimbabwe deserve a better future than the failed policies pursued by the Mugabe Government. Ireland and its EU partners will continue efforts to ensure that this better future is delivered. One way in which the Zimbabwe Government can demonstrate willingness to reform is to review the unjust sentencing of Roy Bennett. The Government will continue to press for this and will remain active on his behalf.

Today's debate is unprecedented. Today we remove our political party shirts and collectively wear our national colours in uniting behind the case of Roy Bennett. I am confident that our efforts and the efforts of other parliaments throughout the world will make a difference.

12:00 pm

Photo of Bernard AllenBernard Allen (Cork North Central, Fine Gael)
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On behalf of Fine Gael, I am delighted to support the motion concerning the imprisonment of Roy Bennett, described as a man of the people but an enemy of the state. His imprisonment is a shameful act by a shameless Government.

One of the disappointing aspects of the recent by-elections in Meath and Kildare North was the low turn-out at the polls. Why did so many people not bother to exercise their democratic right and have their say through the ballot box? This should be a matter of concern to all of us who believe that participation is the key to ensuring a robust democracy. It is too easy to take the fact of our open democracy for granted. Candidates stand for election, fight campaigns and, ultimately, the people decide whether they will be given the responsibility of representation. However, the social stability that our democracy engenders works against it in terms of voter turn-out. Many people simply do not realise how lucky they are to have a vote and a Government that, while not perfect, is directly elected though a free and fair process. This is a privilege not accorded to millions of people worldwide.

This is especially true when we look at the situation in countries like Zimbabwe, which is due to hold elections in a few days. The international community must have grave concerns at the conduct of these elections as we are all aware of the conduct of past elections in that country. For the upcoming polls, the Zimbabwean Government indicated that it would conduct these elections in accordance with the principles and guidelines on democratic elections adopted by the Southern African Development Community in August 2004. However, there has been little sign of compliance. The European Union has not been invited to observe the upcoming elections, although other countries have been belatedly invited as observers.

I began with a reference to the recent by-elections held in Ireland. At a meeting of the European affairs committee earlier this month, the chairman of the Zimbabwean section of Amnesty International drew some important parallels between the then upcoming elections in Ireland and those in Zimbabwe. These parallels are frightening in bringing home to all of us the difficulties and dangers that political activists face in Zimbabwe today. At the meeting the chairman said:

If Zimbabwean conditions existed in Meath and Kildare, we would be horrified and scandalised. If we knew that half of the people running in the by-election were not sleeping in their own homes and were afraid to walk the streets of Navan or Kildare for fear of being murdered and that they had to escape out of the country and lived in seclusion, we would take the situation seriously. If a political party felt it had a stronghold in a particular residential area and it terrorised the community and informed it that it could discover whether people had voted for it, and if it cut the tongue from a member of the community to show how serious it was in its intimidation, we would take the situation seriously. These are some of the situations that occur in Zimbabwe.

The situation in Zimbabwe has been deteriorating for years and is of considerable concern to many countries. In February 2005, the European Union renewed its common position imposing targeted sanctions against Zimbabwe. However, systematic harassment of the members of the Movement for Democratic Change continues. That party is campaigning in the upcoming elections under the constant threat of violence or arbitrary arrest. The Zimbabwean Government continues its campaign of repression, which is aimed clearly at eliminating political opposition and silencing dissent. During 2004, hundreds of people were arrested for holding meetings or participating in peaceful protests. The police, army, youth militia and supporters of the ruling Zimbabwe African National Union Patriotic Front were implicated in numerous human rights violations, including torture, assault and arbitrary arrest.

In the past two years alone, the Zimbabwean Government has banned four newspapers and continues to use repressive legislation to disrupt the work of the MDC. Amnesty International recently stated that in its monitoring of the situation in Zimbabwe, it has witnessed the persistent and systematic violation of human rights by the State against the supporters of the opposition. In the run-up to elections in Zimbabwe, these occurrences must be of concern to us all. During this campaign there has reportedly been a significant level of harassment directed against opposition MDC candidates. There are reports of MDC MPs, candidates and campaigners being arrested and harassed during the course of campaigning. MPs have been arrested for holding meetings or for engaging in door-to-door canvassing. Whilst people are often detained for only a short period of time, their detention is a disgrace and hampers the fundamental rights of freedom of expression, association and assembly.

A basic principle of our electoral system is the secrecy of the ballot box but in Zimbabwe this secrecy has been significantly undermined. Reports indicate that people have been told that their votes will be seen and that ZANU-PF workers will know which way they have voted. Furthermore, votes will be counted in situ and the message has been put out that the Government will therefore know how many people in a locality voted for the opposition. The underlying threat is that this information will then be used against the local community.

It is in this context that I wish to address the case of Roy Bennett — man of the people, enemy of the state. In October 2004, Mr. Bennett was sentenced to 15 months in prison with hard labour. This sentence was handed down to him by the Mugabe-controlled Parliament, not by a court of law, through the use of a parliamentary procedure that failed to meet the requirements of a fair trial. The reason for this very harsh sentence was that Roy Bennett had pushed Patrick Chinamasa, the Zimbabwean Minister of Justice, in response to provocative jibes from Chinamasa that Bennett's ancestors were "thieves and murderers".

Mr. Bennett was denied the right to appeal against this sentence and was placed in Harare central prison. Towards the end of November 2004, he was transferred to Mutoko prison in north-east Zimbabwe, thereby restricting access to him by his family and legal team. The speaker of the Zimbabwean Parliament blocked attempts through the courts by lawyers acting for Mr. Bennett to achieve his release , although the High Court of Zimbabwe heard an application on his behalf in early November. A decision on his application was not delivered, however, until mid-February when bail was denied.

On a number of occasions, Mr. Bennett has apologised for pushing the Minister for Justice to the ground. However, this act provided ZANU-PF with an ideal opportunity to step up the campaign of harassment to which Bennett has been subjected. The unprecedented severity of the sentence was only the latest act of vengeance inflicted upon Bennett, who with his family and workers has been the target of a sustained campaign of persecution in recent years.

Some of the workers on Bennett's farm have been murdered, while others have been raped. ZANU-PF members overran his home during the 2000 election campaign and the stress of that incident caused his wife to have a miscarriage. His business is in tatters and he is now in prison. There are reports that he has been subjected to the most degrading and inhuman treatment, including serious beatings.

What is Bennett's real crime? Without doubt it is that he is an extremely popular representative for the opposition, he is a vocal critic of the antics of the Mugabe administration that puts democracy to shame, and he refuses to be cowed into submission. Since his election to Parliament he has stood for human rights and the rule of law. It is for these reasons that this vile campaign has been instigated against him. For his beliefs, he is incarcerated under a regime of hard labour and his wife is allowed to see him for approximately ten minutes every two weeks.

Almost two years ago, Roy Bennett addressed the Joint Committee on Foreign Affairs regarding human rights in Zimbabwe. In early February this year, his case was raised in Seanad Éireann. On that occasion, the Minister of State at the Department of Foreign Affairs stated that the Irish ambassador in South Africa would intervene on behalf of Mr. Bennett. The Minister of State also agreed that a representative of the Government would raise the matter directly with the Government of Zimbabwe. I would appreciate an update on these matters. Perhaps the Government could clarify the nature of the response received from the Government of Zimbabwe.

The Government of Robert Mugabe has used every opportunity to silence criticism and dissent, and to ensure that Mugabe retains control of the country that was once Africa's most important producer of food. Under his administration, however, food production has been so badly disturbed that the spectre of food shortages and famine is worryingly close for many people. Life expectancy in Zimbabwe is only 39 years, far below standards in the European Union.

For many in Zimbabwe the food situation is extremely perilous. In December 2004, there was a one-off distribution of food to 1.6 million people by the World Food Programme. This programme operates in the country only when it is allowed to do so by the government, which had previously stated that the 2004 harvest had been extremely plentiful. In light of the needs of close to 2 million people for emergency food aid, it appears that the Zimbabwean Government is simply engaging in propaganda in its statements regarding food production.

Ireland has a functioning democracy in which people can engage freely in elections and electioneering, criticising the State or the Government, and proposing change and reform where they see fit. Our democracy is not without threats or challenges but each member of society is afforded a level of freedom that is denied to many in other parts of the world.

In light of the elections in Zimbabwe, the international community must continue to make every effort to speak against the manipulation of the electoral process as well as harassment and murder. Regimes such as that in Zimbabwe put the fundamental principles of democracy to shame. We must highlight this without fear or favour.

Roy Bennett's incarceration continues; his imprisonment is a shameful act by a shameless government. The Irish Government, and all members of the Dáil, must unite to call for his immediate release and must be a thorn in the side of the Zimbabwean Government until his release is achieved.

I have pleasure in supporting the motion.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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I am grateful to the Minister for Foreign Affairs, Deputy Dermot Ahern, and the Government Chief Whip, Deputy Kitt, for enabling this unprecedented debate to take place. The Minister of State, Deputy Kitt, has championed the cause of African affairs over a long period. Since his appointment, the Minister of State with responsibility for overseas aid, Deputy Conor Lenihan, has expressed an interest in connecting the Oireachtas to development issues in a way that has not been done effectively in the past. I congratulate him on having taken that step.

This is an unusual debate. Often we have been insular in dealing with such issues by way of parliamentary questions or the occasional Adjournment debate. However, to table such a matter as a formal motion is an indication of the seriousness with which this sovereign Parliament regards the situation. It is also an indication of the maturity of our own democracy where we have a role to play in spreading the values of democracy and human rights. Ireland has an honourable tradition in this regard; it was not a colonial power. We are respected in Africa as an independent voice that does not come with baggage. We are now significant players in terms of development co-operation, given the funds the Oireachtas votes for use in Africa.

I warmly welcome the motion but before dealing with it in detail, I will make some general observations in referring to the situation in Africa as a whole. There is a view that Africa is a hopeless case and some people despair of ever seeing development within the continent. I reject that view, however, because Africa is a place of hope. There are many difficulties and challenges besetting the African continent but there is a tremendous movement for democratic change, bedding down democracy, institutionalising human rights and placing in situ in every country on that continent instruments to monitor human rights. The best signs of this are the development of the African Union, the inaugurations of the Pan-African Parliament and the establishment of an African peer review mechanism whereby standards and international norms are reviewed and monitored, not by external forces from North America or Europe but by Africans themselves. These are important developments. However, as citizens of the world, we have a right to comment on affairs in other nations.

The situation in Zimbabwe is an extremely worrying one. As other speakers have noted, Zimbabwe was a shining light, full of hope and optimism, in the immediate years after independence, and some of us had the privilege of meeting Robert Mugabe in those early years. The transcript of the proceedings in the Roy Bennett case in the Zimbabwean Parliament shows that one of the witnesses, a Member of Parliament who alleged that Mr. Bennett had assaulted him too, was one Didymus Mutasa. The Minister of State, Deputy Kitt, will remember this honourable gentleman welcoming us to Zimbabwe as the then Speaker of the Parliament. We know these people and their ability. We have offered and continue to offer the hand of friendship to them. However, since that time of optimism and hope, when Zimbabwe was a front-line state, newly independent and offering the basis for a multi-racial democracy — a model almost for what might be in South Africa, then under the yoke of apartheid — we have seen the hope and promise crushed by a regime that refuses to cede power and, instead, seeks to continue in power by using the instruments of repression and terror.

The past five years in particular have seen a serious deterioration in the human rights situation in Zimbabwe, not only in informal actions but in the enactment of formal regressive legislation. This series of enactments, aimed at suppressing the rights of free expression, free association, free assembly and free dissemination of information, is characterised by the intimidation of any voice of opposition to the regime. For those of us who respect and admire Africa, who were hopeful and remain optimistic for the future, what has happened in Zimbabwe is a cause of pain and deep regret. We have a responsibility, therefore, not simply to decry the instruments of repression against the norms of democracy and human rights but to do something about it, as comrade parliamentarians, to use a phrase the ZANU-PF Administration would understand.

The instruments of repression have been institutionalised in Zimbabwe despite its membership of and accession to a number of international covenants on political rights and freedoms. As the Minister for Foreign Affairs noted, Zimbabwe has endorsed the SADC principles and guidelines governing democratic elections. It is a sad joke that the notions of free and fair elections, free assembly and free expression should be entirely undermined, ignored and crushed by the same regimes that notionally adhere to and endorse them.

The case this House is addressing is that of Mr. Roy Bennett. I am impressed but not surprised that Zimbabwe would watch this debate and I am glad to hear from the Minister of State, Deputy Kitt, that his information is that this is the case. It is important that those who are striving to protect the norms and decency of human rights and democratic values know that they have allies elsewhere who will stand by them, watch them and not abandon them. Roy Bennett is a Member of Parliament in Zimbabwe representing the Chimanimani district since 2000. He is a native Zimbabwean whose grandfather went to then Rhodesia from this island in 1889. He speaks fluent Shona and has deep and lifelong roots in and commitment to his country, Zimbabwe.

The irony is that he was originally approached by ZANU-PF to stand for Parliament for the Chimanimani district. However, the ZANU-PF central committee did not accept his nomination and he subsequently became a member of the Movement for Democratic Change, the official voice and organ of opposition to the Mugabe regime. There is documented evidence of the pattern of harassment and intimidation which Mr. Bennett and his family endured subsequent to his election, enunciated by some of my colleagues in the House, such as attacks on his farm and farm workers, invasion of his land, illegal annexation of his property and physical threats of violence and death. Unfortunately, his experiences are far from unique in the current climate in Zimbabwe.

Matters came to a head in a nasty exchange in the Zimbabwean Parliament in May of last year when Roy Bennett pushed over the Minister for Justice, Patrick Chinamasa. Undeniably, this is unacceptable behaviour for a parliamentarian. It would have consequences in any parliament and in most would result in a period of suspension. However, the consequences for Mr. Bennett were grossly excessive. As we have heard, no court proceedings were held. Instead, a committee of the Parliament dominated by the majority party held its own hearings and decided in an unprecedented fashion to sentence Mr. Bennett to 15 months including labour, three months of which was suspended.

Twelve months with labour is a grossly excessive sentence for what would normally attract a reprimand in most parliaments, and, if it went through the normal court procedure, perhaps a fine. Clearly, the motivation of those who enacted such a vengeful judgment on Mr. Bennett was to silence a voice of opposition. They expected to prevent Mr. Bennett standing in the Zimbabwean elections which are due to be held on 31 March, just one week from now. I am pleased to hear from the Minister, Deputy Dermot Ahern, that the objective of disqualifying Mr. Bennett from standing in these elections has not been achieved. Pending the denial of the appeal which the Zimbabwe electoral commission intended to lodge, I hope Mr. Bennett will be a candidate and allowed to contest the elections on 30 April, one month behind the rest of the country to allow for campaigning to take place. This would at least be a positive development in an altogether dreadful situation.

I reiterate that, as parliamentarians, we have a responsibility to speak out. The role of Ireland is an honourable one. We have a voice that is respected. President Mugabe cannot denounce us, for example, as he did the UK, as having a vested interest or colonial tradition, or as sinners. We are not a coloniser. Ireland was a poor country that through its own efforts developed its own economy, society and norms. We are far from perfect but we reserve to ourselves the right to speak out in pursuit of justice and human rights.

The situation in Zimbabwe is one of the dark shadows over Africa. It is facing into an electoral process which, going by reports in The Irish Times today, is fundamentally flawed, with incidents already reported of ballot boxes being stuffed, and where there is no notion of a free campaigning atmosphere for those who oppose the current regime.

Ireland must speak out. I welcome the initiative we have taken in tabling this resolution. It will have an impact. I believe it will be read and carried in the media in Zimbabwe. While it might not appear on the official State-sponsored programmes of the media, it will reach those who need more than anyone else to hear a supportive word. They are the people who are determined to establish the norms of human rights, the freedoms of assembly and free expression and the ability of the individual Zimbabwean, whatever his or her ethnic background, to speak fearlessly of his or her views on the future of the country and to express his or her democratic choice for parliament and government without fear or favour. I hope that this resolution and this joint approach across all benches in this House will be the first of many.

Photo of Ciarán CuffeCiarán Cuffe (Dún Laoghaire, Green Party)
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I wish to share time with Deputies Ó Snodaigh and Harkin.

Séamus Pattison (Carlow-Kilkenny, Labour)
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Is that agreed? Agreed.

Photo of Ciarán CuffeCiarán Cuffe (Dún Laoghaire, Green Party)
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I remember the heady optimism of 20 years ago in Zimbabwe when I was a school child humming along to the words of Stevie Wonder, "Peace has come to Zimbabwe". Sadly, those words were optimistic and there are enormous difficulties in that country. Even in the past ten years there has been a steady decline in the economic and social life of Zimbabwe. Today, 60% of the population live on less than $1 a day, unemployment is at 70% and inflation is over 100% annually. The land redistribution programme is disrupting agricultural production and leaving farm workers without homes or jobs. Mass hunger is a real possibility as the Government has neither the funds nor the credit to replenish its food reserves.

There is strong evidence that there will be very unfair tactics in the forthcoming election. We know that Mugabe is making it harder for some people to vote and easier for others. The effect of all this will be to consolidate his power over Zimbabwe. Even election observers in previous elections there have been intimidated and have had their fluorescent jackets with the words "election observer" on them ripped off their backs. Others were arrested.

Some time ago, Archbishop Desmond Tutu said that Mugabe has become a cartoon figure of the archetypal African dictator. We must send a clear signal from Europe that we want democracy in Africa, in Zimbabwe, that we want fairness and rule of law and that we do not want to see scare tactics used to intimidate parliamentarians and others.

I do not for a moment condone the actions of Mr. Bennett — I suspect that what he did was not unlike scenes I have witnessed in the chamber of Dublin City Council over the years. I have not witnessed them in this Chamber but I am sure some Deputies have seen something similar at local level. We accept the rough and tumble of politics. None of us would like to see someone pushed into a corner. My colleague, Deputy Sargent, was shoved into a corner by some of his colleagues when he held up a cheque in the Dublin City Council chamber a few years ago but those people were not sent to jail for a year. Some people might have been happy if the Deputy's then colleagues had been sent to jail and some of us are hoping that through the good work of the Mahon tribunal people will be sent to jail for much more heinous crimes than pushing people about in a council chamber.

I do not condone the actions of Mr. Bennett but I do not believe for one second that he should be sentenced to hard labour for a year as a result of his actions, nor do I believe that a personal vendetta should be put in place by the leader of Zimbabwe to ensure that he is silenced and that his wife is stopped from running in the forthcoming election.

Motions such as these have real value. They send out a strong signal of concern. While it is easy for us in a Chamber far from Zimbabwe to criticise, we simply want to send out a message that we want to see democracy and rule of law, and that we want to see Zimbabwe not as a dictatorship but as a paragon of democracy. Despite the concerns of recent years, that can still happen.

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Ar ndóigh, aon uair dá ndéantar iarracht cinsireacht a dhéanamh ar ionadaí atá tofa go daonlathach, labhróidh Sinn Féin ina choinne. Curimid i gcoinne an tslí a bhfuil réimeas Mugabe tar éis déileáil le Roy Bennett. Tá triail chothrom agus próiséas cuí diúltaithe dó, agus tá an píonós atá gearraithe air go hiomlán éaguimseach. Tacaimid leis an éileamh go scaoilfear saor Roy agus leis an rún os ár gcomhair.

Cuireann an ciapadh atáá dheanamh agus atá ar siúl ag réimis bhrúidiúlacha eile timpeall an domhain ar ionadaithe atá tofa go daonlathach buairt orainn chomh maith. Glacaim an deis seo chun éileamh go saorfaí Aung San Suu Kyi. Tá sé mícheart chomh maith gur gá do Rialtas Tibet, a bhí tofa go daonlathach, teacht le chéile thar lear i nDharamsala. Meabhraím ar an ócáid seo chomh maith gur chuir fórsaí slándála ón Iosrael as do agus gur ghabh siad ar roinnt ócáidí difriúla Mustafa Barghouti le linn fheachtas toghchánaíochta uachtaránachta an Phailistín, agus cuirimid ina choinne sin mar aon leis an chosc atá ar na páirtithe polaitiúla daonlathacha, Herri Batasuna, Euskal Herritarrok agus Batasuna agus an cosc ar Theachtaí Dála agus na céadta comhaltaí tofa eile de chuid an pháirtí sin.

Déanaimid an gearán agus an agóid is láidre i gcoinne an choisc de chuid Rialtas na Túirce atá i bhfeidhm faoi láthair i gcoinne 13 polaiteoirí Cordacha toisc go raibh tionól a bpáirtí ina dteanga féin, an Chordais, seachas i dteanga na himpiriúlachta, an Túircis. De bharr an chórais, d'fhéadfaí sé mhí príosúnachta a ghearradh orthu sin. Tá sé sin míchóir, agus níl sé ag dul le cearta daonna. Má leanann Rialtas na Túirce ar aghaidh leis seo, ba chóir go gcuirfí stad lena iarratas ballraíocht an Aontais Eorpaigh a bhaint amach. Is gá don Teach seo seasamh a ghlacadh ar an diúltú seo ar chearta daonna.

On this, the 100th anniversary of Sinn Féin, we acknowledge the sacrifices made by Sinn Féin's democratically elected representatives unjustly jailed since 1905, and we pay tribute to those elected while political prisoners, especially Bobby Sands MP and former Deputy Kieran Doherty, who died on hunger strike protesting against the policy of criminalisation of our struggle. In particular we regret that the loyalist assassins of Sinn Féin's elected representatives, John Davey, Bernard O'Hagan and Eddie Fullerton, have never been brought to justice.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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An bhfuil aon rud le rá ag an Teachta Dála faoin Afraic?

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Ta brón orm. Thosaigh mé leis an Afraic, ach tá mé ag teacht ar ais chuige. Tá méá chur i gcomhthéacs.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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This is an important debate about Africa.

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Tá mé ag plé cheist na n-ionadaithe tofa i ngach uile thír timpeall an domhain. Bheadh spéis ag an Teachta dá mbeadh sé ag éisteacht. Those killers have never been brought to justice despite that these murders, with the imprimatur of British intelligence, took place over a decade ago. The O'Hagan and Fullerton families also deserve truth and justice, the same as any other family bereaved by the conflict.

Just as we have concerns about human rights violations against democratically elected public representatives, we also have other, perhaps greater, concerns about the general grievous human rights situation in Zimbabwe. The upcoming elections have no chance of being free and fair. Last month's mission by Amnesty International found persistent, long-term and systematic human rights violations. Among these were attacks on at least 855 of the opposition members of the Parliament, including torture and assault. There is continued government intimidation, arbitrary arrests of opposition candidates and supporters and political manipulation of fuel distribution on which millions of Zimbabweans depend. According to UNICEF, 20 Zimbabweans die of HIV-AIDS every hour, yet this is not a political issue for any political party in the upcoming elections.

These are not the greatest concerns we have about the human rights situation in Africa in general. I am at a loss as to why statements on this political issue have been prioritised given that the Government has not yet provided time for statements on the horrific ongoing conflict in Darfur, especially after evidence that Ireland may have been culpable with regard to the supply of arms in this conflict. Neither has time been provided for statements on the Democratic Republic of Congo, home to the world's worst humanitarian crisis with a death toll outstripping even that in Darfur according to the UN emergency relief co-ordinator, Jan Egeland.

I take this opportunity to call on the Government to make time for separate statements on the crisis in Darfur and the Democratic Republic of Congo as soon as possible. I also take the opportunity to express our concerns on the case of Roy Bennett and on the upcoming elections in Zimbabwe.

Photo of Marian HarkinMarian Harkin (Sligo-Leitrim, Independent)
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I am pleased to have the opportunity to contribute to this discussion and to give my full support to this Government motion. On 21 February 2005 the European Council adopted a common position renewing the restrictive measures against Zimbabwe. This means that the extension of sanctions against Zimbabwe will be continued until February 2006 when they will again be reviewed in light of the parliamentary elections due to be held at the end of this month. The sanctions against Zimbabwe were put in place in February 2002 for 12 months. They were renewed in February 2003 and 2004 because the Zimbabwean Government continued to violate the partnership agreement. Conditions in Zimbabwe did not ensure respect for human rights, democratic principles and the rule of law. The European Council now states that since February 2004, there has been no progress on these issues with no commitments from the Zimbabwean Government to remedy the situation.

According to various sources, the situation in Zimbabwe is dreadful. The Zimbabwean Government continues its campaign of repression with the aim of eliminating all political opposition and silencing those who criticise the regime. Hundreds of people have been arrested simply for participating in peaceful protest. Torture and assault are routine. A journalist who secretly crossed the Zimbabwean border recently reported in The New York Times yesterday that villagers told him that bad as it was when the white supremacists were in power under Ian Smith, who looked down on them as if they were inferior and beneath them, at least they had food and could eat meat. Now under the current government all they have to eat is gruel, and not much of that. Not only are basic human rights denied to people on a massive scale, the people are hungry.

I agree with what the Minister for Foreign Affairs, Deputy Dermot Ahern, said earlier. It is important that the Oireachtas expresses its grave concern about the situation in Zimbabwe. Yesterday, the Joint Committee on European Affairs agreed a statement which expressed its concern about the human rights situation. It also expressed support for the Government with regard to the case of Roy Bennett, an opposition member of the Zimbabwean Parliament who has been imprisoned in Zimbabwe. The joint committee urges the Zimbabwean Government to take action to bring about an end to politically motivated violence and ensure the freedom of the media and the independence of the judiciary.

With regard to the case of Roy Bennett MP, who has stood up for human rights and the rule of law and whose family has been harassed and tortured while he is held under terrible conditions in prison, I commend the efforts of the Government and the European Union in trying to secure his release.

According to Amnesty International, one of the most sinister twists in the campaign to suppress the opposition has been the non-violent abuse of rights. That sounds like it might mean progress. However, as the delegation from Amnesty International that visited Zimbabwe last month was repeatedly told, the ruling party no longer needs to engage in violence. The people know from their experience of the past four years what the regime is capable of.

Deputy Allen spoke about the low turnout in the recent by-elections in North Kildare and Meath. Perhaps we have become too complacent, but at least when canvassers were going from door to door in Meath and North Kildare, all they had to contend with were questions from the electorate. In Zimbabwe, however, members of the MDC are arrested when canvassing from door to door. They are only detained for a short period and then released. The outcome is to hamper all efforts at campaigning in a sinister and pervasive manner. The secrecy of the ballot is also undermined. Many, especially those in rural areas, have been convinced that their vote will not be secret and that there will be retribution for those who vote for the opposition.

Violence against women continues to be a major concern, with assault and rape used by security forces and the ZANU-PF youth. Youth training camps have been set up to indoctrinate large numbers of young people. Many people are brutalised in these camps and there are reports of the use of rape and drugs. In violent situations women often hold families, communities and neighbourhoods together. By increasing the levels of violence against women, the government does not just threaten individual women, dreadful though that is, but threatens the fabric of the community.

With just a week to go to the Zimbabwean elections, we must maintain a strong international focus on trying to ensure fair elections. As Deputy Howlin said, we are at least sending a message of solidarity to the people of Zimbabwe that we are their allies. I hope they know this. I wholeheartedly commend this motion.

Photo of Conor LenihanConor Lenihan (Dublin South West, Fianna Fail)
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I thank all Members who contributed to this debate. As a person with responsibility for human rights, this case is a particular concern. I will contact Louise Arbour, the UN Commissioner for Human Rights, so that she may bring her voice to bear on this case.

Again, I thank all Members who contributed and urge them to maintain whatever pressures they can bring to bear on the case. I thank Deputy Howlin for his kind comments. It is important in terms of overseas aid and how we interact with developing nations that we draw a strong benchmark or requirement of observance of basic human rights and dignities for the individual. I hope we get the support of Members when I push for that in the context of our White Paper review of development policy.

Question put and agreed to.