Dáil debates

Tuesday, 27 January 2009

Priority Questions

Middle East Peace Process.

3:00 pm

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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Question 100: To ask the Minister for Foreign Affairs his views on the call made by a person (details supplied) and supported by Secretary General of the UN, Ban Ki-Moon, for a full investigation in order to establish whether war crimes were committed in the recent military operations in Gaza. [2308/09]

Photo of Pat BreenPat Breen (Clare, Fine Gael)
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Question 102: To ask the Minister for Foreign Affairs his views on whether the unconditional support given by previous US Governments to Israel has been an obstacle to achieving a permanent peace in the Middle East; if, in his contacts with the new US Secretary of State Hillary Clinton and the US Administration, he will urge her to join with the EU in developing a policy which respects the rights and addresses the fears of both the Israeli and Palestinian communities and ensures that there is no reoccurrence of the events that happened in Gaza in the past month; and if he will make a statement on the matter. [2313/09]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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I propose to take Questions Nos. 100 and 102 together.

The war in Gaza, arising from the launch of Operation Cast Lead by Israel on 27 December 2008, was a profound tragedy for the people of Gaza and for the region. I welcome that the unilateral ceasefires announced by Israel and Hamas on 18 January continue to hold. The costs of the war have been stark — 1,300 Palestinian dead and over 5,500 severely injured, with more than 40% of the victims women and children. Much of Gaza lies in ruins, with extensive destruction to homes and public infrastructure and utilities throughout the territory.

The immediate imperatives are the delivery of humanitarian relief to the population of Gaza and the consolidation of the current fragile cessation into a durable truce through the full implementation of UN Security Council Resolution 1860. Following the halt in rockets launched into Israel and the withdrawal on 21 January of Israeli troops from Gaza, the crossings into Gaza must to be reopened and a mechanism developed to prevent arms smuggling into Gaza.

The conflict witnessed a number of appalling incidents and alleged violations of international humanitarian law by both parties. I have already made clear that I agree with and fully support the call by UN Secretary General Ban Ki-Moon for these incidents to be fully investigated and, where evidence of violations of international humanitarian law is adduced, those responsible should be held to account.

I believe that there is a case for an independent international investigation and I made clear my position to EU Foreign Ministers on Monday last. Among the incidents which require to be properly investigated are the shelling of UN schools and facilities, with attendant heavy civilian casualties, including children; attacks on humanitarian convoys and the deaths of humanitarian and medical personnel; reports of the parties using civilians as human shields; and the use of white phosphorous by the Israeli military. I note that the Israeli Government is to set up an investigation into allegations against its defence forces. At a minimum such an investigation would require the involvement of independent international experts if it were to have any credibility. No investigation needs to be conducted to prove that Hamas, in its indiscriminate shelling of southern Israel, violated international law.

Looking forward, and in order to move away from the grim cycle of violence which has too often characterised the region, the search for a comprehensive peace in the Middle East must be the diplomatic priority for the international community. In general, the US has endeavoured to play a constructive role in supporting the efforts of the parties to reach a settlement. At the same time, the nature of American support for Israel has, at times, impacted upon the perception, and arguably the reality, of the role of the US as a neutral or honest broker. However, the US remains an indispensable partner for peace in the Middle East.

I am very much encouraged therefore that President Obama has promised that his Administration will "actively and aggressively" pursue Middle East peace and that he will invest time, political capital and finance in the effort. I also warmly welcomed the appointment of Senator George Mitchell, a true friend of Ireland and a masterful mediator, as an inspired choice to serve as President Obama's Middle East envoy. Ireland and our EU partners look forward to working closely together with Secretary of State Clinton and Senator Mitchell in a renewed transatlantic effort to promote what Europe and America recognise as the strategic priority of a comprehensive Middle East peace settlement.

Following this crisis in Gaza, it is more critical than ever that the Palestinian and Israeli people can have faith in a revived and credible political process that is seen to be addressing the underlying causes of the conflict, ending the occupation and leading to a two-state solution. However, no comprehensive peace is possible without intra-Palestinian reconciliation and the political reunification of Gaza and the West Bank, and I support the efforts of Egypt and other regional actors to promote such reconciliation.

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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I am grateful for the Minister's reply, and I note and welcome the distinction between the Irish position and the position of the European Union. Yesterday's meeting of the general affairs and external relations Ministers must be regarded as not only disappointing but as irresponsible in its failure to reach a conclusion to support international law.

There are restrictions on what supplementary questions I might ask. I might put it like this. The European Union has a clear duty in international law, as have its member countries as third parties to the Fourth Geneva Convention, to see that there is compliance with international law on the protection of civilians.

If the European Union was being even-handed, as it could be, it could have looked at breaches of international law by both sides, such as the rockets at Sderot associated with the military wing of Hamas and then, most particularly, the material presented by a distinguished Irish citizen, Mr. John Ging, the person to whom I referred in my question, when he supplied in advance the co-ordinates of schools which were hit some 11 days later. UN installations were hit not once but three times. This was first denied but when caught out the story was changed. This was a major breach. I believe the Minister agrees with me on that.

However, the equivocation at EU level is appalling. The Presidency issued a statement that it preferred Israeli courts to international law. It was totally silent on the issue of the duties of an occupying power or of compliance with the Geneva Conventions. In addition, four or five countries have canvassed for no criticism at all.

I appreciate that the Union is divided and I appreciate the Irish position, but it is time to be very open about it. Why did the meeting not end the discussion on deepening the trade agreement if it was sincere?

While I do not have time to go into all of the details, the time has come for the European Union to be an actor of first instance. Reverting to the Quartet would be nonsense. Is recognition of the state of Israel, which is one of the Quartet's three demands, to be de facto or de jure?

Regarding the final part of the Minister's reply, how will there be a reconstruction of Gaza if the administrative authority, the non-political wing of Hamas, is not talked to? How can reconstruction stemming from the large bidding conference on 28 February occur if the opening of the crossings has not been secured? The meeting was a disaster in terms of its moral failure and its cowardice in the defence of children and civilians.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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At the EU meeting, I made it clear to my colleagues that, as far as I was concerned, the EU has a duty to international law. It must also be consistent, since we cannot set criteria and standards for other countries and condemn and criticise them at will while remaining mute in respect of other conflicts, particularly in the Middle East.

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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Yes.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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On the other hand, the EU condemned the attack on UNRWA unequivocally in its statement and conclusions. I detected a shift at the meeting. As the Deputy knows well, there are different perspectives in Europe because countries have different approaches to this issue historically.

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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Different dishonest relationships with the region.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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Our Sunday meetings with the Foreign Ministers of Egypt, Jordan, the Palestinian Authority, Norway and Turkey were particularly interesting and useful in terms of moving matters forward a little, starting with a durable truce and ceasefire. Currently, there are two unilateral ceasefires, but a sustained period of quiet is necessary, which would facilitate the opening of the crossings.

Intra-Palestinian reconciliation is important if the reconstruction of Gaza is to be facilitated and humanitarian aid is to enter it. If a mechanism involving Palestinian consensus can be established to facilitate that reconstruction, the clear message from our Arab colleagues is for Europe not to close the door or to be absolutist this time and for it to adopt a flexible approach to what may emerge from the Egyptian negotiations.

Photo of Pat BreenPat Breen (Clare, Fine Gael)
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Like Deputy Higgins, I was disappointed by yesterday's meeting in Brussels. History has shown that no political problem can be resolved militarily. Any attempt using excessive force only creates a new breed of terrorist. The situation is volatile. This morning, two people were killed. We do not yet know whether this incident has broken the ceasefire, but the Israeli Minister for Defence, Ehud Barak, has stated that he is willing to use force again.

Does the Minister plan to meet the Secretary of State, Hillary Clinton, regarding her new job and her special relationship with Ireland? Senator George Mitchell, who is on his way to the Middle East as we speak, has a major task in hand. He has a good record of conflict resolution. He is meeting a number of prime ministers and other interested parties, but should he also meet Hamas during his discussions? Irrespective of whether one likes it, Hamas is a significant part of the problem and has been recognised by the Palestinian people. Fatah is not as popular as it was. Some damage was done to the President, Mahmoud Abbas, because of his support for Israel at the start of the conflict. The EU and the Americans should make a considerable international effort and work together on a resolution to the conflict.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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We will meet the Secretary of State in due course. Indeed, we have written to congratulate her on her appointment and to offer any assistance. I have also written to George Mitchell to congratulate him on his appointment and to offer any assistance or advice that Ireland can give, considering our history of conflict resolution and the noble role that he played in assisting the peace process, which led to the Good Friday Agreement. He is an experienced mediator and is not new to events in the Middle East. He is fully aware of the different approaches to various parties. The main game in town is the Egyptian process and the sets of negotiations in which the Egyptians are engaged. Senator Mitchell, who is in the Middle East this week, will take cognisance of the process and talk to all of the major players.

The question on Hamas was fair. During the EU meeting, it was raised by a number of Foreign Ministers. In our situation, people who were outside the mainstream of political opinion, such as those in the Sinn Féin movement, took a lengthy period before they entered the political discussions. Events had to occur beforehand. They did not occur by accident. People needed to change their positions and sequencing, mutual understanding and so forth were required. All of these constitute the delicate art of peace building and will be required in the Middle East.

Hamas must also move. It cannot stay rooted. Seeking ways to bring Hamas and others into the political mainstream, to have it renounce violence and to enter a process that offers a genuine two-state solution, would be worthwhile. There must be a sincerity behind the process. This is the creativity that Senator Mitchell and others will bring to the table.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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We have gone over time. I will allow Deputy Higgins to ask a brief supplementary question before giving the Minister a chance to respond.

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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I will make it brief. When Mr. John Ging stood alongside Ban Ki-moon in front of burning humanitarian aid in the UN compound, the UN Secretary General's request was that those responsible be brought to account. Nothing I have heard suggests that they will ever be brought to account. While I would welcome the Minister's strong position, an admission that the EU will not bring such people to account would be helpful. In that light, its credibility in respect of international humanitarian law would be damaged.

I have visited Gaza and travelled through the crossings as late as 2005. How is humanitarian relief to be brought into Gaza while the discussion continues if the crossings are closed? This shows the absolute nonsense of events at the General Affairs and External Relations Council, GAERC. It is time to expose the military members of the EU who will not condemn outright the actions that are in breach of international law. In the case of the British, they are afraid of such condemnation being invoked against themselves in some of their military actions elsewhere. These are facts.

Photo of Pat BreenPat Breen (Clare, Fine Gael)
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Does the Minister agree that the Northern Ireland situation is slightly different from the Middle East's? The IRA wanted the British out of Northern Ireland. It did not want to take over London. The Hamas situation is entirely different. Will the Minister briefly outline what steps the EU took at the recent meeting concerning the prevention of arms smuggling into Israel?

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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When I spoke to Mr. John Ging of UNRWA on the morning after the attack on his headquarters, he told me about something that smelled and looked like white phosphorus. He gave me the co-ordinates and so on. In my opinion, the UN is the ideal vehicle to instigate an investigation.

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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Yes, but it may be vetoed on the Security Council by the United States.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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Mr. Ban Ki-moon has changed his position slightly from that as articulated earlier by the Deputy in that in the immediate aftermath of the event, he condemned it and asked that people be taken into account. That position appears to have been modified somewhat. In my view, his position is as articulated in the response to the parliamentary question. I believe the UN is the vehicle through which this matter should be investigated. If not, another mechanism must be devised that is external to Israel and is independent enough to follow through the investigation.

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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A tribunal would have to be agreed by the Security Council.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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We must move on.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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On the crossings, it was also agreed yesterday that it is unacceptable that they are not open as this is hampering humanitarian aid efforts.

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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Yes.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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The Egyptian and Palestinian Foreign Ministers told us that only 153 of the 800 trucks dispatched daily are getting through. There is increasing frustration among EU member states that despite the fact that the ceasefire was announced approximately ten days ago, the crossings are not yet open to facilitate access to humanitarian aid. Different countries are having different experiences in terms of facilitating the evacuation of children who require surgery and so on, which is unsatisfactory.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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We must move on, Minister. We are well over time.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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I am not saying Northern Ireland is the same as the Middle East. I never said that. We have always been careful to say that no one conflict situation is directly comparable to another. However, there are similarities in terms of peace building generally and in terms of the principles of resolving conflicts, which requires movement and the development of mutual respect on all sides before a political settlement can be put together.