Arthur Morgan (Louth, Sinn Fein)
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Question 6: To ask the Minister for Foreign Affairs if he will report on the proceedings in which the Government were involved at the UN 2005 World Summit relating to proposals to establish a human rights council. [26932/05]

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 67: To ask the Minister for Foreign Affairs his position during negotiations relating to the proposed human rights council at the UN 2005 World Summit. [26937/05]

Dermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 6 and 67 together.

The report by the UN Secretary General, Mr. Kofi Annan, In Larger Freedom, proposed an agenda for action at the UN 2005 World Summit which took place last month. The central premise of the Secretary General's recommendations was that "we will not enjoy development without security, we will not enjoy security without development, and we will not enjoy either without respect for human rights." Against this background, and among other proposals, he recommended that the existing Commission on Human Rights, CHR, be replaced with a smaller standing human rights council. The Secretary General justified this on the basis of his view that the CHR suffers from declining credibility and professionalism and is in need of major reform.

In the view of the Secretary General, the creation of a human rights council would accord human rights a more authoritative position, corresponding to the primacy of human rights in the Charter of the United Nations. He stated it would be for member states to determine the exact status and composition of the council. In contacts with foreign minister colleagues in pursuit of my role as envoy of the Secretary General in the lead up to the summit it was clear to me that there was a broad measure of support for the Secretary General's report, not only in the wider Europe but also beyond. However, this support was not universal.

Together with our European Union partners, Ireland warmly welcomed the Secretary General's proposals which we regarded as an opportunity to strengthen the United Nations human rights machinery. As the Secretary General stated, it would elevate human rights to a more authoritative position within the UN system. A key objective for the EU has been and will remain that the human rights council should preserve the best features of the Commission on Human Rights. These include its country and thematic special procedures and NGO participation, as well as the right of human rights defenders to call Governments to account.

The European Union, under the Luxembourg and UK Presidencies, maintained this position in the negotiations with other states in the lead up to the summit. However, as other states had different views on aspects of the Secretary General's proposal, it was not possible to reach complete agreement in advance of the summit. Nonetheless, the outcome document agreed at the summit commits member states to create a human rights council. There is as yet no agreement on whether the council should be a principal organ of the UN or a subsidiary body of the General Assembly. It will be responsible for promoting universal respect for the protection of all human rights and fundamental freedoms for all without distinction of any kind and in a fair and equal manner. It will address violations of human rights, including gross and systematic violations, and make recommendations thereon. It will also promote effective co-ordination and the mainstreaming of human rights within the UN system.

The summit outcome mandated the president of the General Assembly to conduct negotiations to establish the mandate, functions, size, composition and other institutional aspects of the council and the process of discussion is now beginning.

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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While the Minister stated that the proposals to emerge incorporated the best aspects of the Commission on Human Rights and the concept originally proposed in the August draft outcome, does he agree the outcome is a watered down version of the original proposal? Amnesty International, for example, described it as a betrayal of human rights. What is the Government's view of the final outcome? What will be the Government's priorities in terms of the negotiations on the out-workings of this council?

The Minister has also stated in the past that implementation of the UN change agenda would be a major priority over the coming months. I argued consistently here for a debate on UN reform prior to the summer recess. We did not manage a proper debate; we had a short debate. How will the Minister engage with this House and the Irish people on the UN change agenda suggested? What will he do to ensure people at local level feel ownership of the UN, the process of change and that which is suggested for the future? I suggest he might talk to the Minister of State, Deputy Conor Lenihan, who undertook public meetings on development aid which worked well. That is a model which might be suggested for use in the case of UN reform.

Dermot Ahern (Louth, Fianna Fail)
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In my few words to the UN General Assembly when I gave the statement on behalf of Ireland, I indicated that in my view some of the better elements of the Human Rights Commission should be retained, and particularly I referred to the NGO participation which we believed was important in order to keep Governments and nation states to account.

On the question of how we see it pan out, we very much support the EU position, which was our position and was agreed at EU level, to raise the human rights council to a principal organ or, indeed, a subsidiary body of the General Assembly. At present, it is a subsidiary body of ECOSOC and we believe it should be raised in order to raise the aspect of human rights to a higher level. There are issues as to whether it should be done, as currently, by a simple majority or by a two thirds majority. There are issues on the size of it also. The one good aspect of it is that it will be a standing body which will meet on a constant basis rather than on a six weeks per year basis as is the case with the existing commission. While the outcome document does not flesh out what the structures of this should be, the fact that the entire membership of the United Nations has agreed to replace the existing commission means, in effect, there is a death sentence hanging over the existing commission, and they know that.

The leadership of the new chairman, Mr. Jan Eliasson, who succeeds an excellent chairman, Mr. Jean Ping, is particularly relevant. Mr. Jan Eliasson is from Sweden where, as Deputies will be aware, the issue of human rights is strongly held. He has complimented Ireland on our stance on this particular aspect and has said to me on many occasions that when Ireland speaks on UN issues he can welcome everything we say. We are regarded as a strong ally on the reform agenda. As I stated previously on an earlier question, we will give any further assistance possible in that respect.

Bernard Allen (Cork North Central, Fine Gael)
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Although the council will replace the commission and there is a commitment to setting it up as soon as possible, there are no parameters set out in the decision of the United Nations. What membership rules have been agreed? What timeframe does the Minister envisage for a set of parameters and rules for the new council? Is it six or 12 months down the line?

Dermot Ahern (Louth, Fianna Fail)
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Towards the latter end of the discussions a number of countries which found fault with the peace-building commission even though previously there was general agreement. There is a time limit on the formation of it, that is, by the end of the year.

Given the broad spectrum of opinion on the human rights council, it is accepted that it will take some more time. There is no time indicated. We would be pushing — already discussions are taking place at UN level under the chairmanship of the presidency — to move this forward but it will be some months, if not years——

Bernard Allen (Cork North Central, Fine Gael)
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Years.

Dermot Ahern (Louth, Fianna Fail)
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——before the council is put in place.

Bernard Allen (Cork North Central, Fine Gael)
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Is he saying there will be no commission for years?

Dermot Ahern (Louth, Fianna Fail)
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It is all very well saying that——

Bernard Allen (Cork North Central, Fine Gael)
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I am just asking the question.

Dermot Ahern (Louth, Fianna Fail)
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I am trying to explain. There are 191 countries in the UN.

Bernard Allen (Cork North Central, Fine Gael)
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I know that.

Dermot Ahern (Louth, Fianna Fail)
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Depending on the part of the world to which one goes, they have a completely different view, right across a myriad of these issues such as terrorism. What is terrorism in one part of the world is the complete opposite in another part.

Bernard Allen (Cork North Central, Fine Gael)
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We all know that but I am merely asking a simple question.

Dermot Ahern (Louth, Fianna Fail)
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It is exactly the same on the human rights council——

Bernard Allen (Cork North Central, Fine Gael)
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We will not have a commission and there is no agreement on a council.

Dermot Ahern (Louth, Fianna Fail)
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——that human rights abuses in one part of the world are regarded from a different perspective. That is why there are so many differing views right across the world on how the human rights council will be put in place.

Bernard Allen (Cork North Central, Fine Gael)
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But we do not have any agreement. That is the bottom line.

Dermot Ahern (Louth, Fianna Fail)
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There is agreement in principle on the formation of a human rights council to elevate human rights to a position higher than it holds today within the infrastructure of the UN.