Michael D Higgins (Galway West, Labour)
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Question 76: To ask the Minister for Foreign Affairs his views on whether genocide has taken, and is taking place in Darfur; and the most recent and explicit proposals that have been made by the European Union in terms of an adequately resourced and expanded United Nations force being given a mandate either in support of or within the forces of the African Union already in place. [34712/06]

Dermot Ahern (Louth, Fianna Fail)
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Bringing to justice those responsible for serious human rights violations is an essential element in restoring peace to Darfur. In October 2004, an international commission of inquiry was established by the UN Secretary General. Part of its mandate was to determine whether acts of genocide had occurred there. The commission's report was published on 25 January 2005. While stopping short of a finding of genocide against the Sudanese Government, the commission established that the government and the Janjaweed were responsible for serious violations of international human rights and humanitarian law amounting to crimes under international law, which might amount to crimes against humanity. The commission also found credible evidence that rebel forces were responsible for serious violations of international human rights and humanitarian law that might amount to war crimes.

The commission pointed out that its conclusion that no genocidal policy had been pursued and implemented in Darfur by the Sudanese Government should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. The commission also recognised that in some instances individuals, including government officials, may commit acts with genocidal intent. Whether this was the case in Darfur could only be determined by a competent court on a case by case basis.

The Security Council decided to refer the situation in Darfur since 1 July 2002 to the prosecutor of the International Court of Justice. The prosecutor decided to open an investigation into the situation in Darfur, which is still underway. In his June 2006 report to the Security Council, the prosecutor referred to allegations that some of the groups involved in the commission of crimes in Darfur did so with specific genocidal intent. He indicated that this issue remains the subject of investigation and that he would not draw any conclusions as to the character of the crimes pending the completion of a full and impartial investigation. The International Criminal Court is the most appropriate body to investigate and try those accused of the dreadful crimes which have occurred in Darfur. Until the prosecutor's investigation has been completed and his conclusions made known, I would not wish to express a view on whether genocide has taken place, or is still occurring, in Darfur.

The Government remains deeply concerned by the grave political and humanitarian crisis taking place in Darfur. We are using all avenues to work for a resolution of the major challenges that exist there. Both bilaterally and as part of the European Union, we have played an active role in the concerted international campaign to persuade the Sudanese Government to accept a UN force in Darfur. This force was mandated by the UN Security Council. In October, the General Affairs and External Relations Council reconfirmed its full support for the Security Council's decision and urged the Government of Sudan to give unambiguous consent to its implementation. It was emphasised that a UN operation is the only realistic option for a sustainable, long-term peacekeeping operation in Darfur.

In advance of the transition to a UN force, Ireland and the EU will continue to be involved in supporting the African Union's ceasefire monitoring force in Darfur, AMIS, so that its effectiveness can be maximized to the greatest extent possible.

Michael D Higgins (Galway West, Labour)
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I am grateful to the Minister for his reply and do not intend to pursue the issue of whether the term genocide should be used.

The figures on those who have died suggest a concentrated attack on a particular people. Some 200,000 black, African Muslims have been killed in two years, approximately 1.45 million people have been displaced, with 500,000 in need of urgent assistance, and deaths from disease and malnutrition, secondary causes, have been estimated at 180,000 in 2005 with another 80,000 since added.

I am not interested in the argument of whether this is a conflict between settled and nomadic people. Those with the power to bomb villages have done so in a concentrated way. On the other hand, factions have emerged representing signatories and non-signatories of the peace agreement.

The current UK proposal for an international conference of Heads of State has not been accepted by the President of Sudan. However, there is a suggestion that a meeting at the level of Ministers of Foreign Affairs might be acceptable. Would the Government consider facilitating such a meeting as a preparatory phase for the meeting proposed by the UK?

Most recently, the Sudanese President seems to have accepted the strengthening and increase in the African Union presence. It will act for the United Nations with logistics provided by non-Africans.

The Darfur Consortium represents 40 African non-governmental organisations, NGOs, and it is concerned at the arrest in Saudi Arabia of Abulgasem Ahmed Abulgasem at a conference on Sudan. He is from Darfur and has been subjected to an extraordinary rendition to Sudan where he is now held without access and proper procedures relating to vindication.

Dermot Ahern (Louth, Fianna Fail)
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I welcome the Deputy's approach to this matter because the question of whether it is genocide is academic. It is an appalling crime. I was there in July and was the first Minister from any country to visit Darfur since the peace agreement the previous May. What I saw in the Abu Shok displacement camp in Al-Fashir, Darfur, was hell on earth. Some 50,000 people there were living entirely on aid from NGOs and I saw in stark terms the difficulties facing people in the circumstances. They came from very fertile land but were driven away by the conflict.

I compliment the British Government and Prime Minister Blair on the move to propose an international conference. On the one hand it would put pressure on the Sudanese Government, while, on the other, it would indicate to the Sudanese that there are incentives to be had. The Deputy will acknowledge that this is not simply an issue of throwing in UN mandated forces from western powers, effectively adding white soldiers to the maelstrom. Some suggest that this would make Iraq look like a picnic. This issue must be handled in a sensitive way and Prime Minister Blair's proposal is welcome.

In principle, the Government has no problem being involved in or hosting such a conference. However, I have been to Sudan and met the Foreign Minister in recent weeks who is of a different party to the president. Sudanese Government decisions are made by the president. If a conference were to be held, it would have to be at heads of state level. At EU level we have supported the call by the British Government for a heads of state conference.

Michael D Higgins (Galway West, Labour)
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I mentioned a human rights activist detained in Sudan.

Dermot Ahern (Louth, Fianna Fail)
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I assure the Deputy that we will pursue this case. The Deputy also raised another issue.

Michael D Higgins (Galway West, Labour)
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That issue related to hosting the conference, but the Minister has already dealt with that.

Dermot Ahern (Louth, Fianna Fail)
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Having visited Darfur just a few months ago, it is clear that circumstances have worsened and quite a number of people have been killed or displaced since then. The position is going from bad to worse and the international community must adopt a strong stance. However, it is not a simple issue of throwing in a UN-mandated force. I saw for myself when I visited Al Fashir, the headquarters of the AMIS in Darfur, that they were doing a difficult job with relatively small numbers. While I am happy that a decision has been taken to beef up the AMIS, it needs logistical support from major forces. When I was there the force had 7,000 troops in an area one and a half times the size of France. One can see the difficulties that such a force would have.

This is a key issue and must be handled sensitively at international level. I met the head of the African Union in Addis Ababa on the same trip. He had just returned from a meeting of the African Union where many of his colleagues had put pressure on the Sudanese president to accept UN involvement in Darfur.

Michael D Higgins (Galway West, Labour)
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My proposal for an Irish preparatory conference might be constructed on the basis of addressing regional issues. This affects not only Sudan, but also Chad, the Central African Republic and Uganda. The preparatory conference could focus on the regional issues and provide an opening for the heads of state meeting that is at the heart of the British proposal.

Mr. Abulgasem Ahmed Abulgasem has been arrested and moved to Sudan. He was a participant in the Abuja talks where he represented the Sudan Liberation Movement, hence the sensitivity of his position.

Those of us interested in such issues are tested by something which is not being driven forward at UN level, namely, the difference between humanitarian intervention and humanitarian protection. Does the Minister agree that using sovereignty as a shield while massive loss of life and dislocation is taking place is an abuse of the concept of sovereignty? It is irrelevant at this stage whether we describe this as genocide. The international community must have the right to intervene where a state is not protecting a significant part of its population. We must all come to terms with this.

Dermot Ahern (Louth, Fianna Fail)
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I agree entirely with what the Deputy has said. My EU colleagues and I discussed protecting the principle enshrined within the UN reform package. This is the first instance where the international community has a responsibility to protect vulnerable people. We are not at this stage yet.

We must be careful in how we deal with this. The greatest focus must be on the president, who hopes to become the head of the African Union in January 2007. I have told our EU colleagues that I believe we should use our influence, particularly in Africa, to let the Sudanese president know that if he wishes to accede to the chair of the African Union, he must do so in such a way that concurs with the views of most member nations that a joint African Union-United Nations mandated force should be allowed into Sudan.

As regards the conference, I am not saying that Ireland would not be involved in such a conference. However, I would question whether it would produce any result. Having visited Darfur and spent quite a lot of time with Sudanese Ministers, I believe the power rests with the president. The focus should be put on the president and not taken from him. That is why I welcome the British initiative. I will instruct my officials and, at the next meeting, I will personally raise the issue of the proposed conference, preferably at heads of state level.

Finian McGrath (Dublin North Central, Independent)
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Question 77: To ask the Minister for Foreign Affairs if his attention has been drawn to the fact that at least 11,000 child soldiers in the Democratic Republic of the Congo are either still with armed groups or unaccounted for more than two years after the country began demobilising its boy and girl fighters; and if he will raise this issue at the United Nations. [34711/06]

Conor Lenihan (Dublin South West, Fianna Fail)
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The recent Amnesty International report on child soldiers has highlighted one of the most disturbing elements of the conflict in the Democratic Republic of the Congo, DRC. As the report recommends, the new government which will shortly take office in the Democratic Republic of the Congo must prioritise the treatment of children who have been involved in the long-term conflict there.

Under international law, the recruitment and use of children under 15 in a conflict is considered a war crime. The International Criminal Court, which is carrying out an investigation at the request of the DRC Government, should fully investigate any reports of children being recruited and used in conflict. Ireland and its EU partners will also continue to highlight the issue of child soldiers in the DRC in relevant UN fora, including the ongoing General Assembly session.

It is important not to underestimate the scale of the overall challenge which confronts the DRC and its people, now that it is on the verge of securing its first democratically elected government in more than 40 years. Some 3 million people are still displaced in the DRC, while an estimated 1,200 people die daily from preventable conflict-related causes. Basic services are either severely degraded or non-existent — there is only 500 km of paved road in a country the size of western Europe.

If there is to be any chance of confronting the many challenges the country faces, the international community will have to stay actively engaged in the DRC. Ireland and its EU partners are taking the lead in this regard. The EU and its member states have provided the bulk of the financing for the current electoral process which is due to conclude on 29 October. The EU is also actively engaged in supporting vital security sector reform in the DRC and has deployed the EUFOR mission to support the UN peacekeeping mission during the current electoral period.

The international community is also providing substantial support to assist with the demobilisation and reintegration of former combatants in the DRC. This forms part of a wider regional programme, the multi-country demobilisation and reintegration programme, which is led by the World Bank. In response to a request from the World Bank, the Government and Irish Aid has decided that Ireland should provide financial support for this programme, the largest of its kind in the world, which aims at demobilising 350,000 former combatants in seven countries of the Great Lakes region. By providing support for this programme, amounting to €500,000 in 2006, Ireland will be in a better position to join the other donors in urging the new DRC Government to ensure it gives greater priority to the needs of former child soldiers.

Finian McGrath (Dublin North Central, Independent)
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Does the Minister agree that this type of exploitation of children is unacceptable and what will he do about it at United Nations level? Does the Minister accept that these young boys and girls should be in school receiving education, playing games and living a normal childhood rather than finding themselves conscripted as child soldiers? What specific targets should the UN have? Can 50% of these 11,000 children be placed in education and proper care by 2007? What investment is being spent on these children by the EU, the UN and others? What role do drugs play? Many of these children are souped up on drugs which causes a level of violence rarely seen anywhere in the world.

I welcome the Minister pointing out that anyone who involves children under 15 years of age in such activities is committing a war crime. It is unacceptable that in 2006, 11,000 children are being exploited in such a manner. I welcome the €500,000 donation from Ireland to combat this problem, but to help these children who are seriously at risk, the EU and United Nations must put proper investment in place.

Conor Lenihan (Dublin South West, Fianna Fail)
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The international fund I referred to has a target of €300 million to assist with the demobilisation and reintegration process. Ireland is playing its part — since 2003 we have contributed €12 million to the conflict areas in emergency and recovery funding. We provided €6 million this year and, on top of that, we are providing €1.3 million for the electoral process. The hope is that by the second round of elections due at the end of this month, the situation will have stabilised. A total of 19,000 have already been demobilised under this and other programmes run by the Congolese Government. It is a scandal that 11,000 children are still in this position but we will work on that and Ireland is in a position to hold the Congolese Government to account over these children who have not been reintegrated into the community.

Ireland does not shy away from this. We think it is a scandal that children are used as soldiers. It is a terrible problem across Africa. We saw similar situations in Sierra Leone, Liberia and Darfur, where young people are running around with Kalashnikov rifles having been enticed by money, drugs and, in the poor settings of these countries, the desire to escape their existing misery by participating in these armies. It is a complicated issue to address because people are recruited as children for the money and the good life offered by an escape from the extreme poverty of their homes in countries experiencing conflict. Often it is more enjoyable for youngsters to take off with these warlords than to stay at home. We are focused on the issue.