Thomas Byrne (Meath East, Fianna Fail) | Oireachtas source

Gabhaim buíochas leis na Seanadóirí, go háirithe an Seanadóir McDowell ós rud é gur chuir sé agus a chomhghleacaithe an rún seo os comhair an tSeanaid inniu. Is ábhar an-tábhachtach é sin.

The countermotion my colleague Senator Horkan has put forward on behalf of the Government takes account of our deep concern about the situation in Xinjiang and the evidence-based reports referred to on the treatment of the Uyghur people. It also seeks concrete actions, including calling on China to allow immediate, meaningful and unfettered access for independent observers to Xinjiang. We urge the implementation of the eight recommendations related to Xinjiang made by the UN Committee on the Elimination of Racial Discrimination, CERD. I will return to that issue.

Previously in the Seanad, the Minister of State, Deputy Colm Brophy, set out our proud history of supporting the protection of human rights around the world, including in the People's Republic of China. Ireland is committed to the universality, indivisibility and interrelatedness of all human rights and accountability for human rights violations and abuses. This approach is anchored in our firm commitment to international law and to agreed multilateral frameworks and bodies. Our credibility as an independent voice on the international stage is based, in no small measure, on our promotion and defence of the rule of law as framed by the multilateral system. That is why we engage wholeheartedly in the European Union and United Nations.

The situation in Xinjiang resonates with the Irish public and, clearly, the Seanad and the Dáil, and also the Government. We emphasise to the Chinese authorities their obligation to act in a manner that ensures the full respect for the rule of law and complies with China's human rights obligations under national and international law.

It has been three and a half years since the UN Committee on the Elimination of Racial Discrimination first published details of concerns relating to Xinjiang. The CERD expressed alarm at the numerous reports of large-scale detentions of ethnic Uyghurs and other Muslim minorities, to whom Senator McDowell referred, under what was described as the "pretext of countering terrorism and religious extremism". We cannot lose sight of the obligation on the Chinese Government to respond appropriately and proportionality to whatever threats it sees. However, it must do so in a manner that respects the human rights of the Uyghur people. In fairness to Senator McDowell, the tribunal and the CERD, a UN body, found evidence of mass surveillance, as the Senator described it, restrictions on travel, forced returns from abroad to China and the banning of Uyghur language in certain prefectures.

There are also eight recommendations, which have become the basis for Ireland's engagement with China on Xinjiang. These include releasing individuals detailed without due process, conducting an investigation into racial profiling and analysing and reporting the ethnicity of individuals stopped by law enforcement. The report recommended the safeguarding of individual data, the elimination of travel restrictions and the disclosure of the location and status of Uyghurs who have been returned to China against their will. Finally, there as a call for the Chinese authorities to provide precise figures and detail on the number of people involuntarily held in extra large detention facilities. More recent reports suggest there has been no discernible improvement in the situation since the CERD report.

I understand that the Office of the UN High Commissioner for Human Rights, OHCHR, is finalising an assessment of the situation in Xinjiang to be shared with the authorities in China. For Ireland, this is a very important step, particularly in lieu of a national visit. Ireland and other like-minded countries continue to call for the High Commissioner to have meaningful access to Xinjiang. It is standard practice that the High Commissioner would only undertake a national visit with certain guarantees from the host government, including unfettered access to key sites and the right to speak to activists. China should facilitate the terms for such a visit without delay.

Ireland has spoken out bilaterally and in the multilateral system on Xinjiang. It is my firm belief that the best way to push for change in Chinese policy in Xinjiang is to engage with the Chinese authorities. Like the vast majority of countries, Ireland engages with China on various issues, including tourism, educational exchanges, cultural exchange, etc. We can do this. The Minister for Foreign Affairs, Deputy Coveney, raised concerns with his Chinese counterpart, Foreign Minister Wang Yi, during his visit to China in May 2021. It is equally important that we work in co-operation with like-minded states through the multilateral system to demand focus on this issue. At the 48th UN Human Rights Council in September 2021, Ireland joined an EU group statement of 26 member states calling on China to comply with its obligations under national and international law to respect and protect human rights, including in Xinjiang.

In October 2021, Ireland joined a cross-regional statement on the situation in Xinjiang delivered at the third committee of the 76th UN General Assembly. Recalling what Senator McDowell said, the statement to which we signed up calls attention to the arbitrary detention of over 1 million people in Xinjiang and the systematic human rights violations, including reports documenting torture or cruel, inhumane and degrading treatment or punishment.As the world becomes increasingly aware of the plight of the Uyghurs, and this awareness will expand as a result of this Seanad debate and that is very welcome, more and more countries have joined this multilateral effort. In 2019, 23 countries signed a similar statement. In 2020, this increased to 39 countries. In 2021, 43 countries signed.

In March 2021, the EU agreed on a global human rights sanctions regime, which allows the EU to target serious human rights violations and abuses by state and non-state actors worldwide. Given the EU's continued concern about the situation in Xinjiang, the EU has targeted four Chinese persons and one entity with an assets freeze and travel ban. The use of these sanctions is designed to act as a deterrent and encourage changes in these actors' behaviour. Sanctions are based on solid legal evidence and are deployed alongside other measures, including dialogue, to which I referred earlier. In response, China has put sanctions on EU academics, parliamentarians and diplomats. This constitutes an attack on academic freedom and freedom of expression.

Today the Seanad is considering a report by the Uyghur people's tribunal. The Department of Foreign Affairs has studied this report in detail, as we do with all information available pertaining to the situation in Xinjiang. I recognise the dedication of those who want to draw attention to the issue. I am familiar with the work of the World Uyghur Congress and consider the report a further contribution to our broader understanding of the situation in Xinjiang. I recognise the strength of feeling in the House on the situation. I will say this however. Notwithstanding the conclusions outlined by Senator McDowell, which correspond with similar conclusions of UN bodies, the Uyghur people's tribunal lacks due judicial authority to make any legal determination. It is not established by a sovereign state, an international agreement or an international organisation. It does not have any jurisdiction under international law. The Government is concerned about accepting the findings. This gets to the point made by Senator McDowell. Senator McDowell was quite flippant in what he said at the very end of what was a very good speech outlining the serious human rights difficulties. I have set out very similar concerns to those he set out in equally strong terms. I am also setting out that the Irish Government works within a multilateral system. If we go outside this it risks undermining the rule of law framework on which we base our international engagement.

Last week in the Dáil, we were asked what we were doing about various issues in the UN Security Council. People felt we were not doing enough. Today I have outlined a huge range of measures that have been taken by various parts of the United Nations. While our countermotion does what Senator McDowell said it does, in that it eliminates the final four words, it also adds on practical steps the Government proposes be allowed to be taken. Senator McDowell is looking for a statement making a declaration from the Seanad on this issue. This is a reasonable position to take. The Government is setting out many of the concerns he raised. We are not really apart on this. We also set out practical steps. The flippancy with which the Senator delivered the last few sentences of his speech is not appropriate in this context and does not reflect the work the Government has done and continues to do. The Government continues to speak out on this issue. Ireland's credibility as a global actor is anchored in our commitment to the rules-based multilateral order.

"Genocide" is a legal term that has a particular meaning as Senator McDowell knows. Ireland follows the practice of recognising genocide where it has been established by a final decision of a court in Ireland, by a judgment of an international court or where there is international consensus on the matter. The people's tribunal referred to by Senator McDowell has done significant work collating reports from different sources. I am not here to castigate the Senator or what he said. It is important to underline that while the tribunal is useful and significant, it does not have the standing and authority to make determinations of criminal responsibility. Neither does our approach to the people's tribunal undermine the seriousness with which we consider China's activities in Xinjiang.

Ireland has a wide-ranging relationship with China. We have strong engagement across the spectrum. We are anxious to build partnerships with China on a range of global challenges. While these strong links exist, there are serious differences in our relationship. The situation in Xinjiang is one. I want to be absolutely clear about this. I reassure the Seanad that in our bilateral relations with China and through our participation in multilateral organisations, Ireland will continue to pursue this matter and seek better protection of human rights for the Uyghur people. There is no doubt this debate in the Seanad will contribute to the awareness that is very important to move on the issue and bring more countries on board. Senator McDowell will note this would also be significant for the outcome all of us in the House want. The steps proposed in the Government's countermotion are practical measures relating to activities and actions taking place under the framework of the United Nations. We are very much part of the United Nations and a member of the Security Council. I will leave the matter to the Senators but I hope this clearly sets out the position of the Government.