Michael D Higgins (Galway West, Labour)
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Question 2: To ask the Minister for Foreign Affairs the monitoring and implementation measures that will prevail in support of any human rights clauses which may be imposed as conditions in any EU - Colombia Agreement on trade or other matters; if he will further indicate the similarities between this treaty and similar treaties signed by the EU and indicate any such further additional measures as are contained in the present proposed EU - Colombia Treaty [2996/11]

Dick Roche (Wicklow, Fianna Fail)
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EU relations with Colombia are conducted in the framework of regional relations between the EU and the Andean Community, comprising Bolivia, Colombia, Ecuador and Peru. In 2007, negotiations aimed at concluding a comprehensive association agreement between the EU and the Andean Community were formally launched. Such agreements cover all facets of relations between the EU and these countries, including political dialogue, economic co-operation and trade. However, as not all member states of the Andean Community are in a position to proceed with the negotiations on a framework agreement, the decision was taken to commence negotiations on a multi-party free trade agreement, FTA, between the EU and two member states of the Andean Community – Colombia and Peru. The negotiations were carried out by the European Commission on the basis of a mandate from the Council and they concluded on 1 March 2010.

In principle, where a free trade agreement is linked to a broader framework agreement, it does not contain political clauses, as in the case of the recent free trade agreement which the EU concluded with the Republic of South Korea. However, for the free trade agreement with Colombia and Peru, where there is no likelihood of a framework agreement being concluded in the near future, the EU required a human rights clause to be included in the FTA itself. This human rights clause constitutes an essential element of the agreement. It means that the concessions contained in the agreement may be unilaterally suspended in the event of violation by any of the signatory countries.

In addition, the free trade agreement with Colombia contains provisions that aim to improve labour and environmental protection standards. Commitments made in these areas are included in the title on trade and sustainable development. The agreement provides for a monitoring system to ensure the effective oversight and implementation of these commitments. The system will include an intergovernmental management structure and a mechanism for consultations which foresees a role for social actors through their participation in domestic advisory groups and in dedicated sessions with governmental representatives. While the details of this mechanism have yet to be agreed, it is envisaged that the structure will be put in place after the agreement enters into force.

The agreement will provide for an annual consultation with civil society organisations and the public on matters relating to the implementation of the labour and environmental aspects of the agreement. This constitutes a significant positive step and demonstrates the commitment of the Colombian authorities to engage in a more open dialogue with civil society on these important elements of the free trade agreement.

Michael D Higgins (Galway West, Labour)
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On a recent visit to Colombia with others, we put some questions directly to the European Union's representative in Bogota, who was not forthcoming on some of the specific matters I have raised in this question. First, how do the clauses contained in the European Union-Colombia agreement differ from, for example, the human rights clauses we have as a conditionality in the agreement with Israel? How will it be monitored? The Minister of State has just stated that the mechanism for monitoring will succeed the coming into effect of the trade agreement, which would be unsatisfactory. The Minister of State should note that the United States, in its trade agreement with Colombia, decided not to proceed with the agreement, curiously, on the basis that it was a human rights deficiency. My specific questions are how will the human rights impact assessment of the trade agreement be carried out and by whom? Will the annual review process and the human rights benchmarks be agreed before final approval of the agreement? It has yet, for example, to go back to the parliament in Bogota where no doubt it will be approved. However, in respect of the European Union, it is interesting. Can the Minister of State provide me with an assurance that this agreement will be classified as a mixed agreement, thereby requiring ratification by the Council of Ministers, the European Parliament and the parliaments of the member states? Will it be classified as a mixed agreement because of the importance of the human rights clauses? The Minister of State will appreciate this point because so many people have been killed. There have been so many extrajudicial killings and it is important that the transition from the presidency of President Uribe to that of President Santos should provide a human rights dividend.

Dick Roche (Wicklow, Fianna Fail)
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At the outset, Deputy Higgins made the point that he was not satisfied with the answers he received during his visit. This disturbs me because I am aware that the High Representative would be concerned about that. I will draw that particular aspect of the Deputy's observation to the High Representative's attention. I accept the point made by the Deputy, particularly regarding the human rights deficiencies and the view that has been put forward by the United States. Nonetheless, the agreement is good and the monitoring system that is being put in place certainly is better than anything that exists at present. I am not in a position to state whether it will be treated in the manner requested by the Deputy, namely, as a mixed agreement, which would require separate ratification at Council level, at European Parliament level and at individual member state level. I am unsure whether this is the case and must check the facts in this regard. I am unsure whether this is the legal reality. However, I certainly will revert to the Deputy on that subject.

Michael D Higgins (Galway West, Labour)
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I raise this because, for example, 2,782 trade unionists have been murdered since 1986. There have been appalling exemplary killings and one can discern the reason for my questions when one considers that 70,000 people were killed in 20 years and a further 30,000 people disappeared, when there are 14,000 to 17,000 people in paramilitary armed gangs and when one has met, as my colleagues and I did, the mothers of those who were assassinated. The Minister of State should be aware of the important point that in the first 75 days of the new Government, five trade unionists, seven indigenous leaders, two community educators and two leading members of the organisation dealing with sexual minorities have been killed. The net point is on whether there is to be a dividend. In other words, people are saying that if the agreement is signed and then an attempt made to attach the human rights compliance afterwards, the point will be lost. The view from those who represent those who were murdered and their relatives, who believe there is impunity, is that one will be perceived to be rewarding an administration that has succeeded another administration that has not shown transparency in respect of impunity, compensation of the victims or land redistribution. This is the reason I asked for it to be a mixed agreement in order that the human rights requirements are central and not additional to the agreement.

Dick Roche (Wicklow, Fianna Fail)
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I do not dispute that for a moment and accept the Deputy's point. Monitoring is carried out through its delegation in Bogota and this is the reason I was disturbed by the Deputy's initial comment. In addition, it must be noted that the European Union has engaged actively both with the Colombian authorities and with the United Nations Human Rights Council on the issue. I will pass on the Deputy's comment on that deficiency and will revert to him on the issue of whether it is a mixed agreement. I do not believe it is of that nature.