Seanad debates
Wednesday, 8 July 2015
Commencement Matters
Foreign Conflicts
10:30 am
Paddy Burke (Fine Gael)
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I welcome the Minister of State, Deputy Dara Murphy.
Terry Leyden (Fianna Fail)
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I thank the Cathaoirleach for allowing me to raise this issue. I will share time with Senator David Norris who has already raised the issue in the House. I understand the Minister, Deputy Charles Flanagan, is attending a meeting of the Joint Committee on Foreign Affairs and Trade and accept totally that he is unable to be present. I, therefore, welcome the Minister of State with special responsibility for European affairs who is very involved in the region. The matter has been highlighted by a young councillor, Mr. Patrick Costello, who represents the Rathgar-Rathmines ward at Dublin City Council. I compliment him on raising it and bringing it to the attention of the Members of this House and others. He was in Palestine last year and has made a submission to the Joint Committee on Foreign Affairs and Trade in which he has outlined his concerns about the situation in Palestine.
We are well aware of the issues in the village of Susiya. The matter was raised comprehensively by Senator David Norris recently. To be quite frank, the Israeli Government has decided to demolish this Palestinian village. It is a very serious issue which will affect the lives of people in the area. There has been an absolute contravention of every rule and regulation governing international arrangements, but this is only part of what is happening in Israel in dealing with the Palestinian issue. We know about the increase in the number of houses constructed by the Israelis. However, the eyes of the world have been taken off what is happening in the region because of the threat posed by ISIS and other issues around the world. Somehow it is below radar, which is why the Israelis are conducting themselves in a most offensive manner towards Palestinians, as they did in the past. All we in this House are seeking - it has been the policy of this and previous Governments - is a two-state solution.
We have an ambassador in Tel Aviv. Will the Minister of State contact the ambassador and Israeli officials? Will he contact his opposite number in the Israeli Government and beg them not to proceed with this provocative action against Susiya which is very special to the people of the region?
I again compliment Senator David Norris who has outlined the exact position in great detail. I can make the Offical Report available to the Minister of State in order that he can read the Senator's contributions. I hope the Minister of State can take action as we should utilise international opinion. Given his responsibility for European affairs, I request him to raise the issue at the next meeting of the Council of Ministers to get the European Union involved in the region to protect the people of this village.
David Norris (Independent)
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I express my gratitude to Senator Terry Leyden for giving me the opportunity to speak. I know Susiya as I have been there. I also know its people. My friend Ezra Itzhak Nawi has been villified, framed and wrongly charged by Israeli Governments because of his attempts as a Jewish Israeli to support the people of Susiya.Five things need to be done. First, a protective diplomatic presence is needed. If there was a co-ordinated diplomatic effort to have a presence there in solidarity with them, this would inhibit the Israelis. Second, the impact should be recorded. Where demolition threatens donors' investment, the donors should enter into immediate communications with Israel and request that the Israeli Civil Administration delivers a official signed copy of the demolition order for its files. Donors should insist that these official signed orders clearly state the legal premise on which they are based and should challenge any premise that is not based on international humanitarian law. They should also plan to seek reparation for the damage done by Israel. Israel confiscated and demolished protective structures, temporary structures and slides for schools. What it is doing is outrageous. They should support fact finding to determine if a grave breach has occurred. The UN Secretary General has stated that Articles 53 and 49 of the Geneva Convention have been seriously breached by the Israelis. They should also insist that the Palestinians be given a role in the planning. They are excluded from planning, which is illegal under international law.
The people in Susiya have been there for 200 years. It was declared an archaeological site and they were forcibly moved. The village was demolished and was partly rebuilt. Israeli settlers were then allowed to move into what was an archaeological site and build a settlement. A total of 500,000 Israelis live illegally on Palestinian land, which is shocking for the families involved and the people being moved. They lose their homes and the effect on children is catastrophic.
On 15 May 2015, the High Court in Israel refused an application from the people of Susiya to defer the demolition until the court had heard a serious and complete application. This is very unusual for the Israelis. I point out to the Minister of State that the state of Israel in these proceedings raised no security arguments nor did it argue against the petitioners' ownership of the land. It did not use security and did not challenge the Palestinians' right to this land. What always happens in these situations is that demolition and eviction is speedily followed by the illegal occupation of the Palestinians' land by Israeli settlers. The situation is a disgrace. I have spoken at length on this issue. I am particularly glad that the plight of the village of Susiya has been raised by Senator Leyden here this morning because it is a village I know. I know the people. They are humble Bedouin farmers. They do not have any connection with politics. They just want to get on with their lives. They are there legally and have 200 years of inheritance. The Israelis are demolishing, illegally moving them and illegally moving their own settlers in. I support Senator Leyden in urging the Minister to take very strong action on this matter.
Dara Murphy (Cork North Central, Fine Gael)
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I thank Senators Leyden and Norris for raising this very important matter and for their understanding regarding the unavailability of the Minister for Foreign Affairs and Trade this morning. There are two current demolition-eviction cases which have been the subject of recent reporting. Many of us in the Oireachtas have received correspondence relating to them. Some 46 Bedouin communities in the hills east and north east of Jerusalem, containing about 7,000 people, have been the subject of relocation orders since 2011. They have been ordered to move to three designated resettlement areas, in one of which some Bedouin removed earlier are already located. This threat has been hanging over the villagers for some time, and former Tánaiste, Deputy Eamon Gilmore, visited one of the threatened locations during his January 2012 visit to the region to support the villagers.
However, there are indications now that the Israeli authorities are progressing their plans. A retired general has been appointed to liaise with the communities and oversee the transfer and work is ongoing on preparing the relocation sites. A total of 18 of these communities are in the strategic E1 area adjacent to Jerusalem, which has previously been the subject of strong US and EU pressure on the Israeli authorities because of its strategic location and previous settlement moves there have been withdrawn. The implementation of this plan now may provide an early indication of the intentions of the new Israeli government in respect of settlements.
In a separate case, the village of Susiya in the south Hebron hills is also subject to a general demolition order and a previous injunction freezing this while a planning process was completed was set aside by an Israeli court in May. In theory, this allows demolition to proceed. While this has not yet occurred, it must be assumed that the authorities intend to proceed, perhaps after Ramadan is over.
Both of these cases are classic examples of the policies of eviction, dispossession and demolition which are being relentlessly advanced as part of the Israeli occupation - in many, but not all, cases to allow for the expansion of nearby Israeli settlements. The pretext is generally lack of planning permission for residential and other structures but in practice, it is impossible for Palestinians in Area C, which is 60% of the West Bank, to obtain such permission. Many of these families have already been subject to dispossession by Israel one or more times.
The Minister for Foreign Affairs and Trade has said he agrees with the assessment of the UN Secretary General that these policies amount to forcible transfer, which is forbidden by the Fourth Geneva Convention in respect of a population under occupation except in specific circumstances of immediate military necessity, which, as Senator Norris pointed out, do not apply here. Thus, they are contrary to international law. These policies are, therefore, an intrinsic feature of the occupation. Both Ireland and the EU have clearly and consistently condemned the expansion of settlements and the associated policies of evictions and dispossession, most recently in the Foreign Affairs Council Conclusions in November 2014 which specifically referenced the Bedouin case. Bilaterally, Ireland has conveyed the same messages in public statements and in diplomatic contacts in Israel and with the Israeli embassy here, at EU and UN level at the Human Rights Council in Geneva and directly with the Israeli Government, most recently with the Israeli foreign Minister during the visit by the Minister for Foreign Affairs and Trade to the region in February.
We do not have the resources to attempt to follow and be active on every case on the ground in which these policies operate. Ireland's main focus is on trying to put political pressure on the occupation as a whole. However, the Irish representative office in Ramallah has made a number of field visits to the Bedouin communities and confirmed that the villagers, contrary to some reports, do not wish to relocate. The Irish representative visited Susiya in May - I acknowledge the Senator's visit - to meet the community and show support for their struggle. There was another visit to Susiya in June with a delegation of EU heads of mission accompanying the Palestinian prime minister. The Department of Foreign Affairs and Trade is continuing to monitor developments in both cases.
The question of recognition of Palestine, or of any state, is an important issue to be considered on its own merits. It has not been raised here this morning. It should not as a punishment or reward for one side or the other. In respect of a specific request that the issue be raised by Ireland at the next meeting of the Foreign Affairs Council, I will make that suggestion to the Minister. It seems to be a most reasonable suggestion.
Terry Leyden (Fianna Fail)
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I am intrigued by the Minister of State's statement that the question of recognition of Palestine, or of any state, is an important issue to be considered on its own merits and not as a punishment or reward for one side or the other.Ireland recognised the State of Palestine's right to exist. To my recollection I think there was a motion passed in this House-----
David Norris (Independent)
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A motion was passed but we do not officially recognise it yet.
Terry Leyden (Fianna Fail)
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I suggest to the Minister of State that this would be a very positive step because it would show where we stand in that regard. It has been the policy since the time of the late Brian Lenihan senior to recognise the two-state solution. He was the first Minister for Foreign Affairs to bring that forward and it has been the policy of successive Irish Governments.
David Norris (Independent)
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Could the Minister of State raise the five points that I raised at the beginning of my contribution with the Minister? Even if it is difficult for us to be represented there we could co-ordinate with the other donors to make sure there is a diplomatic presence. The EUROMED agreement has human rights protocols and it was supposed to be activated when there were human rights violations by Israel. The United Nations Secretary General has spoken of breaches of articles of the Geneva Convention. Surely it is time that the EUROMED agreement be examined in light of Israel's human rights violations.
Dara Murphy (Cork North Central, Fine Gael)
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I will of course raise the five points with the Minister. On the question about co-ordination I think that would be appropriate to raise it in the context of a discussion at the Foreign Affairs Council so both will be linked. I assure Senator Norris that we are aware that on 22 October 2014 and 10 December 2014, Seanad Éireann and Dáil Éireann, respectively, adopted unanimous motions calling on the Government to recognise the State of Palestine. It is a matter for the Government as to when that would be most appropriate to put in place but we are aware of the unanimous wishes of both Houses of the Oireachtas.