Dáil debates

Thursday, 10 November 2011

Priority Questions

Human Rights Issues

4:00 pm

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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Question 2: To ask the Tánaiste and Minister for Foreign Affairs and Trade if his attention has been drawn to the profound concerns of international human rights organisations regarding the implications of the Peru Colombia Trade Agreement as it stands; and if he will bring the proposed agreement before Dáil Éireann for debate and clarification. [33846/11]

Photo of Lucinda CreightonLucinda Creighton (Dublin South East, Fine Gael)
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In 2009, negotiations commenced on a multi-party trade agreement between the EU and two member states of the Andean Community of Nations, namely, Colombia and Peru. The negotiations concluded in March 2010 and the agreement was initialled by the parties on 13 April 2011. The Tánaiste, the Department of Foreign Affairs and Trade and I are well aware of and share the concerns that have been expressed over human rights in Colombia, particularly in the context of the position of trade unionists and human rights activists. The Tánaiste had an opportunity to discuss the human rights situation in that country when he met the Colombian ambassador in July. During their meeting, the Tánaiste outlined the ongoing concerns of the Government at reports of human rights abuses in Colombia.

The EU believes that the multi-party trade agreement will be a key tool in addressing the human rights situation in Colombia, not only through a robust human rights clause but also by means of a number of binding commitments to implement core labour and environmental conventions and the use of a mechanism for monitoring their implementation which will include civil society institutions. It is expected the agreement will be signed in the first half of 2012. The issue of the designation of the agreement as one which involves mixed competence requiring approval and ratification by all 27 member states or as one in which the Union has exclusive competence will be determined by the European Council in light of analysis of both the final text and legal advice.

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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I thank the Minister of State, Deputy Creighton. I welcome the fact that she acknowledged the concerns the Government shares on the human rights situation in Colombia, which is quite profound. Even with the arrival of the new administration of President Santos, the human rights problems have not eased all that much. In the first year of his presidency, more human rights defenders were killed across the country than in the previous year.

There is the significant issue of displacement. Some 286,000 people were displaced in 2010. Then there is the concern around the indigenous peoples that such displacement is related to foreign multinationals with speculative investment in mining, agriculture, and so on.

Photo of Michael KittMichael Kitt (Galway East, Fianna Fail)
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Would Deputy Mac Lochlainn frame a question?

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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Is it the case that we are not forcefully ensuring that this ends with a proper dialogue? Are we too hasty? Is there quite a road to go yet before Colombia and Peru, and particularly Colombia, have reached the human rights bar that we seek?

Photo of Lucinda CreightonLucinda Creighton (Dublin South East, Fine Gael)
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It is fair to say that there is a challenge here in terms of balancing the need to provide an incentive to Governments such as the Colombian Government to make progress on human rights issues while being conscious that we cannot turn a blind eye. In fairness, the European Union and the Government, in feeding into that process in our engagement with the Commission, and at Council level, have made a robust and clear statement on how we want to see human rights promoted and protected within the parameters of the agreement.

There is a substantial and robust human rights clause in the first article of the trade agreement which has the potential to contribute to the enhancement and protection of human rights in the future. I certainly consider that to be a more constructive, engaged and, hopefully, productive approach than simply wringing our hands and aspiring to an improvement in the human rights situation but actually not being able to do anything tangible about it.

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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For example, countries in the Balkans and Eastern European Baltic states applying for membership of the European Union have had to go through a process over a period and have had to reach an acceptable standard of human rights, not to mention economic competency, to be accepted. My concern is that it is clear the situation in Colombia is still serious. I listened to a presentation from a senior trade unionist in exile, Mr. Javier Orozco, who is touring the country addressing human rights activists and trade union members. He showed a documentary that was made by human rights organisations in various regions and cities of Colombia. I urge the Minister of State to try to access a copy of this because it is disturbing. The situation in Peru is similar. The bulk of civil society and trade union movements are opposed to the FTA there too because of the impact it would have.

There is a sense that while in Ireland we rightly defend the livelihood of our farmers, whenever there is a free trade agreement it can cause significant distortion for the small farmers in these countries in terms of what we give as subsidies to our farmers in that competition of produce. That is another big issue.

Photo of Michael KittMichael Kitt (Galway East, Fianna Fail)
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Thank you, Deputy Mac Lochlainn. Deputy Mac Lochlainn is over time.

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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The organisations that signed up to the excellent document I hold are internationally respected and very much respected in Ireland: Christian Aid, CAFOD, Oxfam GB, SCIAF and Trócaire. These organisations recommend that we do not proceed and I urge the Government to follow their lead.

Photo of Lucinda CreightonLucinda Creighton (Dublin South East, Fine Gael)
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We will certainly take on board the concerns of those important and reputable agencies. There is no question about that. We are moving in the direction of concluding the trade agreement, but it has not been done yet and there still is opportunity for further negotiation.

I accept Deputy Mac Lochlainn's point about the process for accession to the European Union and the length of time it takes, but this process began formally in 2009. Obviously, there has been engagement on a human rights level for a longer period than that. It will be a minimum period of three years - up until 2012 - when it is anticipated that the agreement will be signed. There has been an opportunity to give it careful consideration but there still remains some opportunity for consideration.

I take on board all of the points Deputy Mac Lochlainn makes. There is active engagement and dialogue between the European Union and the Governments of Colombia and Peru on the area of human rights, but those are negotiations and talks that have gone on for quite some time without any tangible results. By engaging such countries in a trade agreement which basically imposes binding obligations on them, one has the power to be able to say that one will suspend the trade agreement - that is contained in the terms of the proposed agreement. The issue of the risk to small farmers is a real one of which we must be conscious but balanced with it are the significant opportunities for farmers to sell their produce. We have seen in other Latin American countries the significant opportunities that have opened up, for example, in Brazil and Argentina. Hopefully, there will be opportunities for farmers in those countries as well.