Michael D Higgins (Galway West, Labour)
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Question 2: To ask the Minister for Foreign Affairs his views as to the appropriate form of international independent investigation to ascertain the facts as to civilian casualties, breaches of human rights or possible war crimes committed in recent times in Sri Lanka. [21950/09]

Micheál Martin (Cork South Central, Fianna Fail)
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I am deeply concerned about the situation in Sri Lanka, the grave humanitarian crisis taking place there and the growing evidence that horrific atrocities were inflicted by both Sri Lankan forces and the Liberation Tigers of Tamil Eelam, LTTE.

Reports of serious breaches of international humanitarian law include intensive shelling by government forces in areas in which significant numbers of civilians were trapped, the use of civilians as human shields by the LTTE and the forced conscription of civilians and children into LTTE units. These and other breaches of international humanitarian law must be subject to independent review.

European Union Foreign Ministers discussed the situation in Sri Lanka at the General Affairs and External Relations Council in Brussels on 18 May. We made clear that we were "appalled by the loss of innocent lives as a result of the conflict and by the high number of casualties, including children, following recent intense fighting". We reiterated the need for all parties to fully respect their obligations under international humanitarian and human rights law and we called for the alleged violations of these laws to be investigated through an independent inquiry.

This call was reiterated by the EU Presidency at the special session of the UN Human Rights Council on the situation in Sri Lanka in Geneva earlier this week. In its national statement at the special session, Ireland also called for an independent inquiry. My preference would be for this inquiry to be carried out under the authority of the UN Human Rights Council covering violations perpetrated by all parties. However, efforts by the EU and other sponsors of the special session to have a resolution passed that would endorse a call for an inquiry into breaches of international law have, regrettably, not been successful.

I see any inquiry as one element in the overall response of the international community to the post-conflict rehabilitation and reconstruction of Sri Lanka. It would be coupled with increased involvement in humanitarian relief efforts, which must now be the immediate priority for the international community. This would be followed by a longer term focus on reconstruction, economic and social development, and the restoration of basic services in the Tamil north as the post-conflict strategy is implemented.

Furthermore, an inclusive reconciliation and peace process must be initiated, based on the principles of parity of esteem, consent, equality, the rule of law and respect for human rights. As I have stated previously in this House, should the relevant parties there seek our advice in regard to the peace process, we would be happy to consider any such request.

Michael D Higgins (Galway West, Labour)
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I am grateful for the Minister's reply and the fact the Government supports an independent inquiry. A number of issues arise as a result of the recent events in Sri Lanka, one of which is language. The language used at the time of this particular assault by the Sri Lankan army included the phrase "the elimination of the terrorist threat". This phrase was used also by the Pakistan Government in regard to what it perceived as a terrorist threat in one of its regions. This has immense implications for diplomatic practice. Even if one accepted it in terms of a movement against terrorism, the elimination of terrorists is moving military actions outside any responsibility in terms of international law.

There has been a systematic failure at United Nations Security Council level in regard to a number of its fundamental principles. The UN Secretary General Ban Ki-moon's decision to fly over the area after the events had taken place and to seek access after access had been systematically refused raises a number of issues, including, for example, the obstacles placed in the way of Rule 2, Rule 3 or Rule 34 by which the UN Secretary General can bring a matter to the Security Council. The exclusion of the international press, the International Committee of the Red Cross, the World Food Programme and a number of international agencies from the scene causes concern.

Does the Minister agree that seeking an equivalence of responsibility after such a disproportionate number of deaths of civilians, including children, is wrong and that one must reach a conclusion even before one conducts an investigation that the actions of the Sri Lankan military were entirely disproportionate?

Micheál Martin (Cork South Central, Fianna Fail)
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I agree with Deputy Higgins in regard to the language used towards the conclusion of the war, that is, the phrase "the elimination of terrorists". For some time, the Government and the EU have said there cannot be a military solution to this issue and that, ultimately, a conflict resolution process must be put in place.

A fundamental humanitarian crisis has been caused as a result of the conflict. It is an enormous undertaking in that approximately 200,000 people require assistance and it is expected that 50,000 more people will look for assistance in the coming days. I agree with Deputy Higgins that the Sri Lankan Government must fulfil its obligations under international law to protect all people in its jurisdiction.

We were disappointed by what happened in the UN. The Sri Lankan Government used every possible means to avoid a special session and an inquiry by the UN Human Rights Council. I accept the point the Deputy made in regard to the effectiveness of the UN in this context and the intervention by Ban Ki-moon. The exclusion of the press and the World Food Programme is unacceptable and creates a difficulty in ascertaining who bears the brunt of the responsibility.

With regard to the Deputy's last question, if one calls for an international inquiry and if one pre-empts its outcome, there is always a danger that one somehow undermines the credibility of the process. I accept governments have responsibilities in terms of how they conduct conflicts and engage. One expects more of governments in terms of adherence to international and humanitarian law and so on.

There has been a military victory but that, in itself, is of little use if the underlying causes of the conflict are not dealt with in a comprehensive fashion. Our sense is that to date, there has been an absence of a post-conflict resolution strategy on behalf of the Sri Lankan Government. That is urgently required and we are very keen to pursue that issue as a country and through the European Union.

Michael D Higgins (Galway West, Labour)
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In regard to post-conflict resolution and the position of India, is the Minister not concerned that the Indian Government expressed a concern for the minority in the recent past but changed sides? That changing of sides had the effect of creating open season for the Sri Lankan forces. The other issue is whether cluster bombs were used. That would have to be part of the international investigation.

Brendan Howlin (Wexford, Labour)
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I am afraid that is well beyond the scope of the question.

Micheál Martin (Cork South Central, Fianna Fail)
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The use of cluster munitions is an important point.

Brendan Howlin (Wexford, Labour)
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It is but it is not relevant to this question.

Michael D Higgins (Galway West, Labour)
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It is.

Micheál Martin (Cork South Central, Fianna Fail)
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It is very relevant.

Michael D Higgins (Galway West, Labour)
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It is in the text of the question.

Brendan Howlin (Wexford, Labour)
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I hope the Minister is as broad-reaching on every ancillary question.

Micheál Martin (Cork South Central, Fianna Fail)
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To be fair to Deputy Higgins, the question relates to the independent investigation to ascertain the facts on civilian casualties. The country and the Oireachtas are keen to highlight and condemn the use of cluster munitions in conflicts and to ensure it does not happen.

Michael D Higgins (Galway West, Labour)
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I appreciate the Minister's answer.

Micheál Martin (Cork South Central, Fianna Fail)
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I take Deputy Higgins's point. Such consensus is difficult for the Chair to contemplate and deal with.

Brendan Howlin (Wexford, Labour)
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It is unusual enough.