Jim Walsh (Fianna Fail)
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Go raibh maith agat agus cuirim fáilte roimh an Aire. This day last week the Secretary General of the UN, Mr. Ban Ki-moon, honoured the victims of the Rwandan genocide and stressed that the only way to prevent such atrocities in the future was to learn from history. He went on to say that the International Criminal Court has become an effective deterrent for would be perpetrators of grave crimes. What we are talking about is genocide on a scale of barbarity that we do not often see in this world. I visited Rwanda a couple of years ago and saw at first hand the effects of the genocide. I met people whose families had been murdered and many young people who were orphaned as a consequence of the genocide, one of whom, Immaculée Ilibagiza, was in the House and spoke to a group in the audio visual room a year ago. She is the author of a number of books. I was in her home village when she embraced a man who had killed a number of her cousins. There is a great sense of forgiveness. Those who are familiar with her book, Left to Tell, will be aware she hid in the pastures for 90 days with six other females. When she left late one night to try to find her way to the French forces for protection, she met a friend at the encampment who told her that her mother, father and her two brothers had been killed during the period in which she was locked away. With American Senators I recall meeting a number of the victims, all of whom pleaded with us to ensure that those responsible be brought to justice and that western countries protecting and hiding these people be encouraged to do so. I tabled a motion in the House on the issue.

It is interesting to note that the President of Rwanda, Mr. Paul Kagame, has accused western countries of failing to stop genocide suspects in their territory and to bring them to account. He said:

As we remember those we lost, some of those who killed them are still moving freely in some capitals of the so-called free world. There is little effort to apprehend them and when this happens it is a token meant to blind us and give us the impression that they are doing justice. They are released shortly afterwards, yet when acts of terrorism are committed against their people the whole world is mobilised, in fact, sometimes forced to join in the search for those criminals so that they can be brought to justice.

The specific case I am putting to the Minister deals with a French-Rwandan man, Mr. Claude Muhayimana, who is 51 years of age. For the first time ever, a French court has ruled on an international arrest warrant to have him extradited to Rwanda in order that the accused can face the charges of taking part in genocide and crimes against humanity. The extradition can only go ahead if the French Government is in accord with that. In the past the French Government has never extradited its citizens to Rwanda even though it had involvement there and, some would say, was a contributory party to what subsequently emerged in Rwanda. I ask that Ireland, as a concerned country and particularly as one who is seeking to join the UN Council of Human Rights, support the call and encourage the French Government to allow this man face justice in Rwanda rather than sidestepping Rwandan justice and taking him elsewhere.

Some 800,000 people were killed between April and July 1994. The President, Mr. Paul Kagame, said it would appear Rwandan lives, and similarly Africans lives, are less valued than the lives of citizens of western countries. We cannot have one law for the developed western world and a different law for African countries. There is no hierarchy of life and I urge the Minister to encourage the French Government to move in that direction.

Alan Shatter (Dublin South, Fine Gael)
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I apologise for the absence of the Tánaiste and Minister for Foreign Affairs and Trade, Deputy Eamon Gilmore, who has asked me to take the matter on his behalf.

In recent weeks, Rwanda commemorated the lives lost in the genocide 18 years ago. International partners, including Ireland, emphasised our admiration for the resilience displayed by the Rwandan people in the past two decades and the enormous strides they have made in recovering from the disastrous after-effects of the genocide.

The horrific events of 1994 represent one of the darkest episodes in human history. The genocide of the Tutsi and moderate Hutu and associated crimes against humanity resulted in the death of up to one million people and brought unimaginable suffering and trauma to millions more. We should never forget these events. We should learn from the lessons that they provide for us, and we should continue to be prepared to play our part in addressing the ongoing consequences of the genocide and to make sure that it never happens again.

Rwanda has made important progress in ensuring that the country and its people can recover sustainability, by putting in place mechanisms to improve peace and security, achieve national reconciliation and to reform the democratic and political institutions of the state. Rwanda is now one of the most stable countries in the African Great Lakes region. Its stability is underpinned by strong levels of economic growth and good economic governance, and Rwanda has won praise from international donors for its innovative approach to development.

The Government is very clear in its position that those responsible for the genocide and associated crimes against humanity in Rwanda should be held accountable for their actions. More generally, we are convinced of the clear obligation on all states to investigate, prosecute and punish genocide, crimes against humanity and war crimes falling within their jurisdiction. We are also clear that the criminal justice system must at all stages - investigation, trial and punishment - respect the fundamental rights of all persons involved, including those suspected, accused and convicted of such crimes.

Senator Walsh has raised the specific case of an individual who is the subject of court proceedings in France on foot of an international arrest warrant issued in December 2011 relating to a request for his extradition to Rwanda to face charges for taking part in genocide, and crimes against humanity. I understand from the Tánaiste and Minister for Foreign Affairs and Trade that this matter is currently the subject of court proceedings in France and in the circumstances it would not be appropriate for me to make any comment on the case.

I emphasise that the Government remains committed to working with the government and people of Rwanda to assist them complete their recovery and move forward towards a future of peace, reconciliation, and social and economic development and better lives for all Rwandans.

Jim Walsh (Fianna Fail)
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I thank the Minister for his response. I am encouraged by much of what he has said. However, I ask him to convey to the Tánaiste and Minister for Foreign Affairs and Trade my concern at the comment that a French court is still considering the matter. Two weeks ago the matter was disposed of by a French court who ruled that the extradition was lawful and should proceed. I concede it may be open to appeal; that is a possibility. My information is that it cannot proceed without the French Government giving its accord to the decision of the court; in other words, the court is not the final arbiter. I ask that we encourage the French Government to do this.

While in Rwanda I attended the Gacaca courts. These are community courts which were set up because of the huge number of people involved in the terrible atrocities and the fact that they would never get through the international criminal court in Tanzania. They dealt with people who were involved in the genocide but were not the instigators or leaders. It was a three judge court. I observed some of the cases taking place where I had an interpreter who translated what was being said. Having spoken with community groups, the process was considered to be fair. The thrust of it was to encourage the people to expunge their guilt but also to enable them re-enter society and their local communities. I was impressed by the whole process of reconciliation in Rwanda. I would like to see the Rwandan courts getting to grips with somebody who is accused. I agree with the Minister that the person is only accused at this stage and obviously the courts will have to determine whether he is guilty.

Given the nature and magnitude of the atrocities, I would like to see Rwanda get the chance to do that. There would be sufficient international and moral pressure on Rwanda to show the progress it has made in dealing with the case in a fair and judicial way and I would like to see it avail of the opportunity. I am worried if the Tánaiste feels that it is still in the courts and has not been discharged.

Alan Shatter (Dublin South, Fine Gael)
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I can assure the Senator that I will bring his concerns to the attention of the Tánaiste. It may well be that there are appellate matters to be addressed yet. I do not personally know whether that is the case or not so I do not want to, in any way, mislead the House or the Senator. I will convey the very understandable and very strong views expressed by him to the Tánaiste on the issue.