Seanad debates

Thursday, 9 July 2026

Nithe i dtosach suíonna - Commencement Matters

Human Rights

2:00 am

Photo of Alice-Mary HigginsAlice-Mary Higgins (Independent)
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In September 2025, the European Union signed the Comprehensive Economic Partnership Agreement with Indonesia. It is an agreement with an estimated value of €27 billion in trade between the European Union and Indonesia. I want to raise with the Minister of State a concern regarding the issue of West Papua. West Papua comprises the western half of the island of New Guinea, and it borders Papua New Guinea to the east. It has been governed by Indonesia since it was invaded in the 1960s, with over 500,000 people killed since then in military operations.

Since Indonesian control was established, there has been consistent and fierce resistance by the native population. The legitimacy of its rule is claimed by Indonesia through a widely condemned sham referendum, known as the Act of Free Choice, in 1969, where Indonesia itself selected over 1,000 voters and decided they would vote on the future of the entire territory, with the threat of force hanging over it. Since that sham referendum, human rights abuses in West Papua have been rampant, with the killing and torture of the civilian population, a crackdown on freedom of speech and expression, a complete lockdown on international journalists entering the territory, which is one of the reasons it gets so little attention, and the taking of political prisoners among those who show support for the West Papuan cause. The Indonesian army continues to act with impunity, denying civil liberties and respect for the indigenous peoples of West Papua.

Within the text of the Comprehensive Economic Partnership Agreement, there is language that reaffirms that the signatories of the agreement are obliged to be committed to human rights and have regard for the principles articulated in the Universal Declaration of Human Rights. However, the agreement does not set out any actionable or enforceable conditions tied to market access to make sure that human rights abuses are not happening. Those abuses continue.In 2022, a UN report indicated that between April and November 2021, allegations of several instances of extrajudicial killings, including of young children, enforced disappearance, torture and inhumane treatment and forced displacement of at least 5,000 indigenous Papuans by the security forces were received. The report in question estimates that the overall number of displaced individuals could range from 60,000 to 100,000 people. There is a very clear disconnect between what has been agreed by diplomats in the European Union and on the Indonesian side and what is actually taking place on the ground. As of June 2026, more than 125,000 people remain internally displaced in West Papua due to armed conflict and military operations. There are consistent reports. I get weekly updates on extrajudicial killings and the Indonesian security forces' active displacement of entire villages and populations in an effort to intimidate and silence any dissent, or even any reporting of what is happening in this territory.

The European Union is claiming that human rights are part of what it does. It is putting this language into its agreements. We know, sadly, that it is not delivering on that language in terms of Israel and Gaza, as we have seen. As a minimum, it should be learning that when it is bringing in new agreements, it should be a little more robust regarding how the human rights component will be addressed. I would ask that before this new agreement comes to be enacted, which is due to happen during Ireland's EU Presidency, for which we have claimed values will be a central pillar, for a comprehensive human rights review and audit into the situation in West Papua ahead of the scheduled ratification of this EU-Indonesia agreement in early 2027, when our Presidency comes to a close. We need to get ahead of these human rights issues and make sure that they are centrally audited and accounted for prior to tying ourselves into yet further complicity with human rights abuses.

Photo of Marian HarkinMarian Harkin (Sligo-Leitrim, Independent)
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I am responding on behalf of the Minister responsible for trade, Deputy McEntee, who is very supportive of free trade agreements, FTAs, and partnership agreements generally, particularly this one with Indonesia for the opportunity it presents to both sides to deepen our bilateral economic relationship, to which the Senator alluded. Indeed, at the most recent Government trade forum, the Minister specifically referenced the Indonesia agreement as one we would like to advance during our Presidency.

The EU-Indonesia Comprehensive Economic Partnership Agreement, CEPA, was concluded, as the Senator said, in September 2025 after nine years of negotiation. As we can see, there was comprehensive negotiation about that agreement for that period. As the Senator knows, the agreement requires consent from the European Parliament and ratification by both the Council of the EU and Indonesia’s legislature before it can enter into force, targeted for 2027. I hear what she is saying and will relay the concerns she has articulated clearly.

It is important to say that in parallel to the negotiations, the Commission commissioned a sustainability impact assessment, SIA, of the CEPA between the EU and Indonesia. The SIA concluded that the EU-Indonesia agreement was expected to have positive impacts for both parties and their societies. In the context of the SIA and throughout the negotiations, the Commission provided the possibility for civil society organisations to have their voices heard, ask questions and contribute to a sound, evidence-based and transparent societal debate, including through dedicated civil society dialogues, a workshop with local stakeholders in Indonesia, bilateral meetings, interviews and web-based surveys. Furthermore, during the negotiations - which, as I said, have been ongoing for nine years - and in line with its transparency policy the Commission has published on its website, and regularly updated, reports on the negotiating rounds, the text proposals, press releases, facts sheets and background information materials to ensure that the public is kept up to date on developments. If member states or EU civil society representatives consider that trade and sustainable development, TSD, commitments in trade agreements are being infringed, they may lodge a TSD complaint with the single entry point. The Commission services will examine the allegations and consider the most appropriate course of action in that respect. It will remain in close contact with the complainant throughout the process.

In 2022, the Commission presented updated operating guidelines for the single entry point, making it easier for civil society to lodge complaints regarding violations of sustainability commitments with timelines included. There are also domestic advisory groups, DAGs, which are civil society bodies advising on the implementation of trade agreements. Since 2011, every FTA signed by the EU with a partner country or group of countries establishes these DAGs.

I will continue my response in my next contribution.

Photo of Alice-Mary HigginsAlice-Mary Higgins (Independent)
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What is missing from the Minister of State's response, with respect, is any reference to West Papua. There was reference to NGOs. I have described the fact that this is a place where there is no journalism and where anybody who takes any political activism is killed or disappeared. They are not coming to meetings in Jakarta on human rights ideals or issues in Indonesia because Indonesia is occupying and repressing them. It is like putting it on Gazan NGOs. The obligation is not on civil societies to put in complaints. The obligation is on due diligence for those who are setting out to make the agreement. It is almost the same flip that they have tried to do on corporate sustainability, to make it the job of NGOs to do due diligence around corporate sustainability. There is a job of due diligence. As the Minister of State mentioned, the Council will be deciding on this during Ireland's Presidency. It is crucial that there is a focus on this. Those mechanisms are not mechanisms that work for persons who are repressed. We do not hear about West Papua, and there is a reason for that.

I have given the Minister of State details of the very few UN reports available. The UN has been trying to get access to West Papua. There is a report from 2021. During the nine years of negotiation, we have UN reports about extrajudicial killings. With respect, saying that we have a mechanism is not the same as saying that we are taking action. That is why if Ireland has a values-led Presidency of the European Union, it needs to do more than point arrows to different mechanisms. Ireland should be demanding proper action in respect of these issues. Ireland should be demanding human rights reviews and should be leading on this. I want to hear what Ireland is going to do.

Photo of Marian HarkinMarian Harkin (Sligo-Leitrim, Independent)
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Human rights are particularly important to Ireland, both at home and abroad. We consider human rights carefully when entering negotiations on new agreements. We have been carefully monitoring the human rights situation in West Papua and the Irish embassy in Jakarta engages on human rights in Indonesia both bilaterally and with the EU delegation to Indonesia and EU member states. The embassy works closely with the UN and international NGOs. The embassy also actively engages with NGO partners, providing funding through Irish Aid to country micro project schemes.

I must say, and the Senator will accept, that human rights remain at the heart of our foreign policy. Ireland will continue to be a strong and consistent voice for human rights, inclusion and partnership. That does not negate what the Senator said. I have heard her comments and understand where they are coming from. I will bring them and her very strong concerns to the attention of the Minister.

Photo of Alice-Mary HigginsAlice-Mary Higgins (Independent)
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It would be much easier to take action now when a unanimous vote is required for this to pass. That is particularly the case when we consider the situation in which we find ourselves whereby we need a unanimous vote to get out of the agreement we have with Israel.Let us get it right before we get into it. This is the point of leverage right now.