Dáil debates

Thursday, 24 May 2012

Topical Issue Debate

Human Rights Issues

4:00 pm

Photo of Mick WallaceMick Wallace (Wexford, Independent)
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I thank the Ceann Comhairle for providing me with the opportunity to raise this issue. The campaign in Libya was originally driven by the former French President, Mr. Sarkozy, to boost his prospects of getting re-elected more than anything else. A great deal of attention was given to the whole episode but as soon as Gadaffi was killed, the media seemed to lose interest and it has obviously moved on to another issue since then.

What has become obvious since then is that the conflict in Libya was a civil war and NATO took one particular side. I have no intention of trying to defend what Gadaffi was up to but I do not agree with military intervention in this manner. It has caused at least as many problems as it has solved.

It was difficult to get accurate coverage of what was going on at the time given that the media was very much looking for Gaddafi's head. However, some seven months later, we have had reports from Human Rights Watch and Amnesty International and a commission of inquiry has been appointed by the UN. Not only have they found that 8,000 prisoners have been held without trial, but there have been rampant torture and routine deaths in detention. There has been ethnic cleansing in Tawergha, a town of 30,000 mainly black Libyans, which is already in the frame as a crime against humanity, and there has been continual violent persecution of sub-Saharan Africans across the country. The country has broken down into a lawless land and some of the measures introduced by the interim government, the National Transitional Council, have left much to be desired, including clamping freedom of speech and the disqualification of some election candidates. Whether we like it or not, the political forces of NATO have played a decisive role in bringing these people to power. Human Rights Watch and the UN report have found NATO has been guilty of numerous civilian deaths. They have sought a response from NATO and its co-operation with an inquiry but NATO has refused, stating it does not have a mandate to do so. If an international force such as NATO can go to a place such as this, one would like to think it would be accountable for what it does but unfortunately it does not seem so.

Given that we were keen to support it at the time there is an onus on the Government not to ignore the human rights abuses taking place. I do not expect us to go out there and act on a military basis but the least we can do is raise our voice and show our discomfort at what is happening.

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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Approximately 15 months after the Libyan uprising began it is clear the Libyan people, supported by the international community, are making progress towards establishing a democratic and functioning state. However, as the Deputy indicated, major challenges remain.

Ireland has engaged actively on this issue in the UN and EU frameworks, lending support to international efforts to promote reconciliation in the country and to help transform Libya into a properly functioning democracy in which the rule of law is fully respected and basic human rights are guaranteed for all. In this context, we wholeheartedly welcomed the establishment of the United Nations support mission for Libya, UNSMIL. We strongly support the work of the mission in leading the international community's practical assistance during the transition period. This assistance is being provided in support of Libya's own efforts in a range of areas, including the restoration of public security and order, the promotion of the rule of law, the restoration of public services and support for human rights.

Respect for and the promotion of human rights remains a cornerstone of Ireland's foreign policy, as is evidenced by our candidacy for the UN Human Rights Council. We pay unfaltering attention, across the globe and more particularly in countries such as Libya which are emerging from authoritarian and repressive rule, to the development of a genuine democratic and human rights culture, supported by effective institutions that promote and defend basic rights and freedoms.

In this regard, in March Ireland co-sponsored a resolution in the UN Human Rights Council which welcomed the establishment by the interim government of the Council of Human Rights and Fundamental Freedoms in Libya and which, in addition, commended the preparations being made for the elections of the Libyan National Congress which are scheduled to take place next month. These are critical elections in terms of determining Libya's future course as a democratic nation and it is very important they should proceed on schedule.

The issue of accountability for the many serious human rights violations which occurred during last year's conflict is crucial. The International Criminal Court has issued warrants for the arrests of two of the principal figures in the Gadaffi regime, namely Gadaffi's son, Saif Al-Islam, and his intelligence chief, Abdullah Al-Senussi. Libya is seeking to try Saif Al-lslam in Libya and the Pre-Trial Chamber of the ICC will now have to issue a ruling on this. The important issue is that all countries, including Mauritania which has detained Abdullah Al-Senussi in custody, co-operate fully with the efforts of the ICC to achieve justice for Gadaffi's many victims in Libya.

The need to improve security and to establish the rule of law in Libya is also urgent. I am seriously concerned at recent reports to the effect that some of the armed militias in Libya are, as the Deputy alleged, committing human rights abuses on a very large scale and with impunity, as documented in Amnesty International's report of 16 February. In particular, the treatment of the estimated 4,000 detainees remaining in facilities under the control of armed brigades is an issue of grave concern. I urge the interim government, in close collaboration with UNSMIL, to accelerate the transfer of detainees to facilities under the authority of the Ministry of the Interior and to ensure they are treated in strict accordance with international standards.

We also fully support the call by UN Special Representative Martin for all incidents of torture or ill-treatment in any detention centre in Libya, no matter under whose control, to be fully investigated and for such practices to be ended instantly.

Along with our EU and international partners, Ireland will continue to work to ensure that the need for respect for human rights is given prominent recognition in the process of reform and reconstruction which must now get under way in Libya. We remain fully committed to assisting the Libyan people to re-build their country peacefully and on the basis of democratic values centred around human rights and fundamental freedoms.

Photo of Mick WallaceMick Wallace (Wexford, Independent)
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The Minister mentioned that Amnesty International quoted a figure of 4,000 in February but the UN report issued in May cited a figure of 9,000. When NATO began bombing the estimated death toll of militias and civilians was estimated at 2,000. Several months ago the National Transitional Council came up with a figure of 30,000. It goes to show how the situation has deteriorated rapidly.

What I find so disillusioning is when NATO begins a bombing campaign there is great interest but then NATO abandons the place and what occurs is not policed in the same way. NATO did what it was going to do and there was nothing more in it for Sarkozy and those who supported him and we have seen too much of this over the years. Recently, President Obama told us he would continue to protect the people of Afghanistan after ten years. A recent survey in Afghanistan showed more than 80% of the people agreed the war had been very bad for them. I do not think they really need the protection of the United States given the carnage they caused there.

NATO is now beyond reproach and this underlines the fact that international law does not apply to the big powers which can do what they like. Since it was established, the International Criminal Court has indicted 28 people from seven countries for war crimes and crimes against humanity and every one of them is African. It is a bit on the biased side. Military intervention is not the shortcut to freedom we often pretend, and far from saving lives it escalates the slaughter. I wish the Government was more vocal on the matter.

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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I thank the Deputy for raising this important issue. No one underestimates the challenges facing Libya today. It has suffered four decades of misrule by one man and the country must be rebuilt virtually from scratch. This is a very difficult task in this modern time. It is vital that respect for and promotion of human rights remain central to the mission of the current interim government and the administration which will be elected next month to oversee the drawing up of a new constitution. The Libyan people who so bravely defied Gadaffi and brought his dictatorship to an end expect no less.

The Government is committed to strengthening the already good relations which exist between Ireland and Libya. We are fortunate that a number of members of the interim government are dual citizens who came to Ireland to escape Gadaffi's repression in the first instance. I assure the Deputy the Government is working hard to strengthen our ties in all areas and to offer whatever practical assistance we can. While there are self-evidently limits to what we can do, I assure the Deputy that anything that can be done is being contemplated and will be implemented if that is the request of the Libyan people.