Dáil debates

Wednesday, 11 July 2012

3:00 pm

Photo of Mick WallaceMick Wallace (Wexford, Independent)
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Question 8: To ask the Tánaiste and Minister for Foreign Affairs and Trade his views on the recent report by Amnesty International which suggests that militias in Libya are repeating some of the same abuses as the Gaddafi regime and that 4,000 people remain in detention centres outside the reach of the central authorities; and if he will make a statement on the matter. [33703/12]

Photo of Mick WallaceMick Wallace (Wexford, Independent)
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Question 36: To ask the Tánaiste and Minister for Foreign Affairs and Trade his views on the ongoing violations in Libya including arbitrary arrests and detention, torture including to death, impunity for unlawful killings and forcible displacement as highlighted in the recent report by Amnesty International; and if he will make a statement on the matter. [33704/12]

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 57: To ask the Tánaiste and Minister for Foreign Affairs and Trade the extent to which he will influence and encourage positive stability measures in Libya; and if he will make a statement on the matter. [33906/12]

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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I propose to answer Questions Nos. 8, 36 and 57 together.

The Government remains gravely concerned at continuing reports of human rights violations being committed by armed militias in Libya. The situation in a number of detention facilities still under the control of militias is particularly worrying. As documented by the UN support mission for Libya, the international commission of inquiry on Libya and by Amnesty International in its most recent report, routine practices of ill-treatment, human rights abuses and torture continue to be reported.

The question of how to ensure effective disarmament of the militias and restore security in Libya has been a priority concern for the outgoing Libyan interim government. We welcome the recent decisions to place prisons under the direct authority of the judicial police and the steps being taken to provide adequate training to prosecutors and judges. However, more needs to be done to address the situation of the estimated 4,000 detainees who are still being held by militias and to ensure full accountability for violations of human rights which, it is alleged, have been committed in Libya since the onset of last year's historic changes. The rights of victims need to be safeguarded and not completely set aside as against the wider need to promote overall reconciliation within Libya. This may have some implications for a recent amnesty law which has been adopted and about which the UN High Commissioner for Human Rights, Navi Pillay, expressed some concerns in his briefing to the UN Security Council on 2 July.

No one is under any illusion about the daunting scale of the challenges which Libya and its people face in rebuilding their country and in establishing effective institutions of government and accountability. A good start has been made over the past year and there is no doubting the commitment of the Libyan people to create a better future for their country in which human rights and the rule of law are fully respected. This was evident from the conduct of last weekend's elections which passed off peacefully and successfully and with a high turn-out of electors.

The next step will be for the new Libyan Government and parliament to oversee the drawing up and adoption of a constitution which respects and promotes human rights for all and which will guarantee gender equality in view of the significant role played by women during the ousting of Gadaffi. Ireland and its EU partners will continue to offer support to the new caretaker government in the complex transition from a repressive regime to a new, democratic and pluralist Libya.

Photo of Mick WallaceMick Wallace (Wexford, Independent)
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The Minister of State will be aware that Amnesty International has published two reports on Libya. The first report was issued along with a UN report in March 2012. It stated that NATO had failed to investigate the deaths of scores of civilians killed in Libya as a result of air strikes carried out by its forces. Mr. Colm O'Gorman of the Irish branch of Amnesty International said this was unacceptable and he accused NATO of refusing to take responsibility for its actions. He said it leaves victims and their families believing they have been forgotten and denied basic justice. If NATO and the United Nations were as enthusiastic now as NATO was in deciding to take sides in the Libyan civil war, it might be possible to alleviate some of the problems. The latest report from Amnesty International published on 4 July and entitled, Libya: Rule of Law or Rule of Militias?, states that nearly a year after Tripoli fell to the revolutionary fighters, ongoing violations including arbitrary arrest and detention, torture, including to death, unlawful killings and forcible displacement are casting a shadow over the country. People from sub-Saharan Africa continue to suffer arbitrary arrest, indefinite detention, beatings which amount to torture in some cases, exploitation at the hands of armed militias. There has been no accountability on the part of NATO with regard to the bombings. The western powers were very keen to become involved in Libya but now they wash their hands of the situation in the country.

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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I would not agree that the western countries or, indeed, Ireland, are washing their hands of the situation in Libya. That country is undergoing a period of normalisation. Militias are still active because this has been the nature of the chaos and mayhem that occurred in the overthrow of Gadaffi and they are still in control in some parts of the country. The interim government has stabilised the country and the elections were recognised as being fair and free by international monitors. A total of 65% of the population voted in the election. The government has not been established as yet but it seems it will be a liberal government. As soon as the government is established its first function will be to produce a constitution. A group of 60 elected representatives will produce the constitution and human rights will be included in the constitution. However, the legacy of the war must be acknowledged and also the legacy of the militias which overthrew Gadaffi and this legacy must be dealt with. Libya is going in the right direction and the international community is supporting it.

Photo of Mick WallaceMick Wallace (Wexford, Independent)
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I hope the election of Mahmoud Jibril will prove to be positive. I did not agree with the intervention of the western powers in Libya. It is rarely the case that military intervention proves to be positive. I agree with the Tánaiste in his view that a military intervention in Syria today, no more than in Iran, would be fraught with disaster. The new president is a former financial adviser to Gadaffi's government. He faces the resentment of the rebel commanders and the Islamic organisations. The Minister of State referred to the sharing out of seats in the parliament. The area in the east of the country around Benghazi is feeling pretty hard done by and there are feelings of exclusion and resentment because it has been allocated only 60 seats out of 200 seats whereas the western area of the country has been allocated 100 seats and the south has 60. This division was obviously based on population but those in the east are feeling excluded. The Irish Government should take note of the findings in the Amnesty International report. It said that following the election, "as a first step to turn the page, it was looking to the General National Congress and the government it appoints to publicly admit the scale and gravity of human rights abuses, unequivocally condemn them, and send a message that such violations would no longer be tolerated." Amnesty International's Middle East and north Africa deputy director said: "To honour the sacrifices and suffering of Libyans, those who take on the responsibility of governing the new Libya have to make clear that they intend to bring to justice and hold accountable those who have committed human rights abuses – whatever their rank or affiliation." The Irish Government should be seeking to have this implemented in the area.

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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The Irish Government has always had a considerable interest in the developments in Libya because a number of people who lived in Ireland and acquired Irish citizenship are at a high ranking level in the interim government. My information is that attempts are being made to ensure that the 60 person group that will write the new constitution for Libya has taken into consideration representation in the three major areas of east, west and south that considered themselves to be under-represented in the matter. That is being dealt with at present, but I will check on it. Ireland and the European Union have an interest in the matter. The EU has made €36 million available for capacity building and assisting in the electoral process, as well as having an EU mission in Libya for the elections that are taking place.

Photo of Michael KittMichael Kitt (Galway East, Fianna Fail)
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We cannot proceed to the next question because six Deputies' questions are being taken together. There are two minutes left if Members wish to ask more questions on this matter.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Fianna Fail)
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There was a proposition some time ago that this country would provide medical care for a number of Libyan citizens who were seriously injured during the conflict. Did that happen and does the Minister know how many were brought here? I understand a designated fund was made available to address that issue.

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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Yes, we received a number of former combatants and they were treated in our hospitals. Indeed, the Tánaiste and I met the interim Minister for Health when she was in this country two months ago. She indicated very strongly that her government was pleased with the manner in which the injured combatants had been dealt with here, that this country was an example to all the other countries where combatants had gone for treatment and that it would be using this model in the future.

Photo of Mick WallaceMick Wallace (Wexford, Independent)
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I wish to reiterate the point made by Deputy Boyd Barrett about the manner in which we are dealing with Iran and with Israel. Whether the Minister likes it or not, it lacks balance. It would be great if more effort was made by the Irish Government to address that.

Photo of Michael KittMichael Kitt (Galway East, Fianna Fail)
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The Deputy is revisiting a question we dealt with earlier.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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Deputy Wallace knows a thing or two about double standards.

Photo of Mick WallaceMick Wallace (Wexford, Independent)
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I will refrain from getting personal with the Minister.