Michael D Higgins (Galway West, Labour)
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Question 5: To ask the Minister for Foreign Affairs if his attention has been drawn to the recent expulsion of UNICEF officials from Sri Lanka for seeking to highlight the detention of civilians and treatment of children, among others, during the conflict in the country; if he supports the call for an international investigation into human rights abuses; his views on same; and the steps the international community is taking in order to help restore peace. [31856/09]

Dick Roche (Wicklow, Fianna Fail)
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I share the Deputy's dismay over the decision of the Government of Sri Lanka to order the expulsion of Mr. James Elder, the UNICEF communications chief in Sri Lanka, on 21 September. Mr. Elder's expulsion follows the sentencing on 31 August of the journalist J. S. Tissainayagam to 20 years hard labour by the Colombo High Court on charges of violating anti-terrorism laws. Both cases give rise to concerns related to freedom of expression and the freedom of the press in Sri Lanka. I believe an independent review should consider the allegations of serious breaches of international humanitarian law in the course of the conflict in Sri Lanka, including intensive shelling by Government forces in areas in which significant numbers of civilians were trapped, the use of civilians as human shields by the Liberation Tigers of Tamil Eelam, LTTE, and the forced conscription of civilians and children into LTTE units. These are issues of concern. At the European Foreign Ministers meeting on 18 May the need for the parties to respect their obligations fully under international humanitarian and human rights law was reiterated and a call made that the alleged violations of these laws would be investigated through an independent inquiry.

The call was reiterated by the EU Presidency at a special session of the UN Human Rights Council on the situation in Sri Lanka held in Geneva from 26 to 27 May. In its national statement at the special session, Ireland also called for an independent inquiry. My preference is for this inquiry to be carried out under the auspices of the UN Human Rights Council and to cover violations perpetrated by all parties. However, efforts by the European Union to have a resolution passed which would endorse a call for an inquiry into breaches of international law have regrettably been unsuccessful. Despite this, I remain committed to the principle of such an inquiry, although I concede the chances of securing a UN-based inquiry now appears to be slim. I envisage such an inquiry as one element in the overall response of the international community to Sri Lanka's post-conflict rehabilitation and reconstruction needs.

At EU level, Foreign Ministers will discuss the situation in Sri Lanka at the General Affairs and External Relations Council in October. Ministers will discuss how best to engage the Government of Sri Lanka in a meaningful dialogue which will enable us to assist the internal displaced persons in the camps, of whom there are more than 280,000, and which will also facilitate the genuinely inclusive process of political reconciliation with the Tamil minority which is urgently needed. This must be based on the principles of parity of esteem, consent, equality, the rule of law and, above all, respect for human rights.

Michael D Higgins (Galway West, Labour)
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I am grateful to the Minister of State for his reply but it is rather depressing to hear that so little can be done. I put a number of points to the Minister of State. I understand the UN Secretary General, Mr. Ban Ki-moon, is in New York today raising the issue with the President of Sri Lanka. In that regard I trust the international community will support the Secretary General in defending the right of James Elder to express his views. Is the Minister of State not concerned at the use of the international media during the final days of this conflict? The LTTE has not sought independence for some time. Rather there are many sections of the Tamil community simply seeking recognition and parity of esteem in negotiations. Those who contacted the Joint Oireachtas Committee on Foreign Affairs, which discussed the issue, spoke of the necessary conditions for peace talks. At the same time the Sri Lankan Government announced it was on the verge of a military victory. This has led, in turn, to the removal of Tamil civilians into what are effectively holding camps or concentration camps and this includes many young children. In fairness to James Elder, the person expelled, he drew attention in his work to the mistreatment of children on both sides, the point made by the Minister of State regarding the use of civilians, especially children, as human shields. Mr. Elder addressed this point. Is it the case that we can expect the Minister for Foreign Affairs to use his influence to support the efforts being made very directly today by the Secretary General, Mr. Ban Ki-moon, to address this issue?

Dick Roche (Wicklow, Fianna Fail)
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I agree absolutely with the Deputy. His point is well made and a purely military victory is bound to be pyrrhic. I also agree with the Deputy because a range of views exist within the Tamil community and clearly not everyone sought some form of military action. The Deputy is also correct to state - this is the strong view of the Government - that only through respect for human rights and parity of esteem can progress be made. That community and the Government of Sri Lanka must work closely together if any progress is to be made. I agree with the point made by the Deputy and the fact that more than 280,000 people are in what are effectively concentration camps in this day and age is simply not acceptable. As the Deputy is probably aware there has been very inclement weather in that area and the point was made by the UN that there is a very real danger of disease as we enter this particular season and people and civilians will suffer unnecessarily.

The Deputy asked if the Minister is supportive of Ban Ki-moon's efforts today in New York and I have no doubt the Minister is so but I would be misleading the House if I suggested that I knew there would be any direct contact. The Deputy may rest assured that it will become an issue at the next General Affairs and External Relations Council; we will give very strong support and we believe New York has a strong role to play.

Michael D Higgins (Galway West, Labour)
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There is a serious issue with which both Ministers of State will be familiar. It was an opinion advanced by Dr. Sahnoun, among others, that the previous Secretary General of the United Nations has stressed the importance of humanitarian protection. In both this case and in a case I will discuss presently related to Gaza the sovereignty argument is being used to defeat the humanitarian protection principle. The United Nations took a significant decision when it decided to invoke humanitarian protection as a principle of policy. The Sri Lankan Government has stated that the onus is on anyone interested in dealing with the issue, for which the Minister of State and I share a concern, to recognise in the first instance that it is for the Sri Lankans themselves to recognise vulnerability. If that is the case it means that humanitarian protection has gone out the window as a principle of the international community although it is a matter of fundamental importance for peace building in the world community.

Dick Roche (Wicklow, Fianna Fail)
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The Deputy will be aware that unfortunately not all members of the UN Security Council are ad idem on this issue. It seems this is where a degree of cynicism has entered into the discussions. A member of Irish Aid rapid response has been deployed to Sri Lanka to assist in the emergency response and the Minister of State at the Department of Foreign Affairs, Deputy Peter Power, is providing funding of €308,000 to emergency responses for NGOs. The Deputy is absolutely correct in his analysis and unless the international community speaks with one voice on this matter the issue will drag on, unfortunately.