Seanad debates

Wednesday, 1 October 2014

Adjournment Matters

Trade Agreements

5:00 pm

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael) | Oireachtas source

I thank the Senator for raising this issue. I am pleased to come before this House to debate this agreement. It is one of a group of agreements between the EU and Colombia, Peru and most recently Ecuador, the Andean countries. The agreement incorporates commitments on human rights, sustainable development and the objective to reduce poverty. This is set out in the first principle of the agreement. It has been provisionally applied by the EU since August 2013 and has been ratified already by 17 member states.

I should acknowledge the important work done by the Irish Congress of Trade Unions, Trócaire and others in highlighting the human rights concerns associated with Colombia and in drawing these concerns to the attention of the international community. The promotion and protection of human rights is a core principle of Irish foreign policy and I believe that the provisions of the agreement support this core principle. I believe that the provisions of this agreement, including asymmetric trade preferences for the Andean countries and the binding provisions on human rights, labour standards and sustainable development will complement the existing mechanism for multilateral political dialogue, such as the EU human rights dialogue with Colombia.

The international experience is that economic disadvantage and isolation reinforces the potential for human rights concerns. In contrast, engagement with the international community and institutions, in this case the EU through trade and political dialogue, promotes both economic and social progress. This agreement provides an enhanced basis for openness, prosperity and accountability for the parties to it. The agreement both legitimises and animates the union in promoting its social and democratic values. It is useful to recall the language in the text of the agreement which relates to human rights. Article 1 of the agreement provides that respect for democratic principles, fundamental human rights, and the principle of the rule of law, are "essential elements" of the agreement. The significance of this is that if one party breaches the "essential elements", the other party would be entitled to adopt proportionate measures without delay. Such measures could include the termination of the agreement, as the Senator has acknowledged.

Title 9 of the agreement contains a legally binding sustainable development chapter, which includes provisions on labour, and the mechanisms through which civil society groups, including trade unions and NGOs, can participate, raise concerns and express views. The parties to the agreement are obliged to review and consider these views. In addition there are domestic advisory groups composed of civil society representatives, which must be consulted and which can also make recommendations on their own initiative. There is provision for regular inter-governmental meetings. These meetings must include an open session where civil society organisations and citizens can directly raise issues. All decisions or reports from these inter-governmental meetings must be public. The sustainable development chapter establishes a specific arbitration system to deal with disagreements on the implementation of its provisions. An independent group of experts can be requested to assess the signatories' fulfilment of their obligations and to issue public reports, on the basis of which an action plan or other corrective action is to be implemented.

Moving to the bilateral level, as this House will be aware, Ireland is an unfailing promoter of human rights. The Minister for Foreign Affairs and Trade and his officials, including the embassies on the ground, work closely with our fellow EU member states and the EU's External Action Service to support positive developments in Colombia. This work is aimed at promoting the progressive improvement of human rights standards. In Ireland's bilateral contacts with Colombian authorities - at political and at official levels - we can raise human rights and other issues. We are also able to use these opportunities to acknowledge some positive developments that have been noted by, amongst others, the UN High Commissioner for Human Rights. These include the peace process, with its agenda covering critical areas including agrarian development and political participation - two areas where progress has been secured in the talks during the course of this year. These are very positive developments, for which credit to those involved is due.

In Ireland's engagement as a member of the UN Human Rights Council, we attach priority to issues relating to human rights defenders. We emphasise that civil society organisations need space, that human rights activists must be able to exercise their rights, including freedom of expression, freedom of assembly and of association and that States must fulfil their obligation to create an enabling environment allowing non-governmental organisations to make their contribution to the creation or consolidation of rights-respecting democracies.

In an increasingly inter-dependent world, important economic and social benefits can flow from increased international trade. The economic impact in Colombia and Peru, and now Ecuador, of the free trade agreement with the EU will be significant and this can, in turn, contribute to the development of more equitable, just and peaceful societies. Economic growth must be made sustainable and equitable through good governance in the form of respect for labour rights as well as environmental standards, and the full promotion and protection of human rights.

The free trade agreement with Colombia provides for a considerable and robust implementation and monitoring framework through the special intergovernmental trade committee set up under the agreement, together with its eight subcommittees, including the sustainable development subcommittee, all of which should lead to the best possible outcomes for the trade and foreign policy interests reflected in the agreement.

This agreement with Colombia represents an opportunity to support sustainable, equitable development. It will be for all of the parties to the agreements to ensure that they deliver fully on this potential.

As to the timing of a decision on this, it will come forward for a decision in a short time. The issue of whether a debate is ordered in the Dáil is a matter for the Whips.

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