Written answers

Thursday, 22 June 2006

Department of Foreign Affairs

Human Rights Issues

5:00 pm

Photo of Cecilia KeaveneyCecilia Keaveney (Donegal North East, Fianna Fail)
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Question 112: To ask the Minister for Foreign Affairs if there has been any change in the situation appertaining to Question No. 225 of 11 October 2005; and if he will make a statement on the matter. [24149/06]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The information available to my Department regarding the status of the investigation into the deaths of the two former members of the Burundian Parliament, Mr. Sylvestre Mfayokurera and Mr. Innocent Ndikumana, remains as stated in my original reply to the Deputy of 5 May 2005. A related but wider concern is to seek to end the culture of impunity which has persisted for too long in Burundi.

The establishment of a national truth and reconciliation commission and the strengthening of the Burundian judicial system proposed by Secretary General Annan should contribute significantly to ending the culture of impunity as well as hopefully giving renewed impetus into the investigation of the many unsolved murders, including those of Mr. Mfayokurera and Mr. Ndikumana, committed in Burundi during its recent conflict. On 20 June 2005 the UN Security Council adopted Resolution 1606, which authorises the UN Secretary General to enter into consultations with the Burundian government and parties on his proposals for establishment of a national truth and reconciliation commission, as provided for in the 2000 Arusha peace accords, as well as setting up a special chamber within the Burundian judicial system to try those suspected of genocide, war crimes and crimes against humanity committed since Burundian independence in 1962.

I understand that discussions between the United Nations and the Burundian government on the establishment of these accountability mechanisms are continuing and that broad agreement on the terms for their establishment has now been reached, following talks in Bujumbura at the end of March 2006.

Photo of Cecilia KeaveneyCecilia Keaveney (Donegal North East, Fianna Fail)
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Question 113: To ask the Minister for Foreign Affairs if there has been any change in the situation appertaining to Question No. 226 of 11 October 2005; and if he will make a statement on the matter. [24150/06]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The information available to my Department regarding the status of the investigation into the attempted assassination of Mr. Ndihokubwayo remains as stated in my original reply to the Deputy of 5 May 2005. A related but wider concern is to seek to end the culture of impunity which has persisted for too long in Burundi.

The establishment of a national truth and reconciliation commission and the strengthening of the Burundian judicial system proposed by Secretary General Annan should contribute significantly to ending the culture of impunity as well as hopefully helping to shed light on the many crimes, including those against Mr.Ndihokubwayo, for which those responsible have not yet been brought to justice. On 20 June 2005 the UN Security Council adopted Resolution 1606, which authorises the UN Secretary General to enter into consultations with the Burundian government and parties on his proposals for establishment of a national truth and reconciliation commission, as provided for in the 2000 Arusha peace accords, as well as setting up a special chamber within the Burundian judicial system to try those suspected of genocide, war crimes and crimes against humanity committed since Burundian independence in 1962.

I understand that discussions between the United Nations and the Burundian government on the establishment of these accountability mechanisms are continuing and that broad agreement on the terms for their establishment has now been reached, following talks in Bujumbura at the end of March 2006.

Photo of Cecilia KeaveneyCecilia Keaveney (Donegal North East, Fianna Fail)
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Question 114: To ask the Minister for Foreign Affairs if there has been any change in the situation appertaining to Question No. 227 of 11 October 2005; and if he will make a statement on the matter. [24151/06]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I am aware that on 12 May the Governing Council of the Inter-Parliamentary Union adopted a further resolution concerning the dismissal of Mr. Chang Song, Mr. Siphan Phay and Mr. Savath Pou from the Cambodian Senate in 2001. There have been no developments since my reply to the Deputy's question No. 227 on 11 October 2005 on this matter. I can assure the Deputy that Ireland and our EU partners will continue to monitor closely the situation in Cambodia, including the position of parliamentarians.

Photo of Cecilia KeaveneyCecilia Keaveney (Donegal North East, Fianna Fail)
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Question 115: To ask the Minister for Foreign Affairs if there has been any change in the situation appertaining to Question No. 228 of 11 October 2005; and if he will make a statement on the matter. [24152/06]

Photo of Cecilia KeaveneyCecilia Keaveney (Donegal North East, Fianna Fail)
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Question 116: To ask the Minister for Foreign Affairs if there has been any change in the situation appertaining to Question No. 229 of 11 October 2005; and if he will make a statement on the matter. [24153/06]

Photo of Cecilia KeaveneyCecilia Keaveney (Donegal North East, Fianna Fail)
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Question 117: To ask the Minister for Foreign Affairs if there has been any change in the situation appertaining to Question No. 230 of 11 October 2005; and if he will make a statement on the matter. [24154/06]

Photo of Cecilia KeaveneyCecilia Keaveney (Donegal North East, Fianna Fail)
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Question 128: To ask the Minister for Foreign Affairs if there has been any change in the situation appertaining to Question No. 244 of 11 October 2005; and if he will make a statement on the matter. [24165/06]

Photo of Cecilia KeaveneyCecilia Keaveney (Donegal North East, Fianna Fail)
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Question 129: To ask the Minister for Foreign Affairs if there has been any change in the situation appertaining to Question No. 245 of 11 October 2005; and if he will make a statement on the matter. [24166/06]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 115, 116, 117, 128 and 129 together.

I am aware of the Deputy's ongoing concern and that the cases she is referring to are being monitored inter alia by the Inter-Parliamentary Union (IPU) and that the IPU's Governing Council most recently adopted a resolution concerning them at its 178th session in Nairobi on 12 May 2006. In my responses of 5 and 10 May 2005 and 11 October 2005 to written questions from the Deputy regarding these cases, I referred to the importance for the Colombian peace process of a comprehensive legal framework for the process of disarmament, demobilisation and reintegration of the illegal armed groups, based on the principles of truth, justice and reparations for victims.

The EU has confirmed its readiness and that of its Member States to assist the Colombian government and civil society in the provision of support for communities affected by the internal conflict. It has also called on all parties to the conflict to respect human rights and international humanitarian law and commended the work of the Office of the United Nations High Commissioner for Human Rights (UNHCHR) in Colombia.

It is a matter of concern that there continue to be allegations that guerrillas and paramilitaries on all sides of the Columbian conflict continue to perpetrate murders, threats and kidnappings. My Department will continue to monitor the situation in Colombia through our Embassy in Mexico City, as well as in cooperation with our EU partners with resident Embassies in Colombia.

Photo of Cecilia KeaveneyCecilia Keaveney (Donegal North East, Fianna Fail)
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Question 118: To ask the Minister for Foreign Affairs if there has been any change in the situation appertaining to Question No. 235 of 11 October 2005; and if he will make a statement on the matter. [24155/06]

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Fianna Fail)
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Question 135: To ask the Minister for Foreign Affairs if he is satisfied regarding the diplomatic initiatives being taken by the UN in relation to the developing situation in Burma; his views on whether the time has come for the Security Council to intervene; and if he will make a statement on the matter. [24213/06]

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Fianna Fail)
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Question 136: To ask the Minister for Foreign Affairs if he is satisfied regarding the approach of the EU to the developing crisis in Burma; and if he will make a statement on the matter. [24214/06]

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Fianna Fail)
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Question 137: To ask the Minister for Foreign Affairs the status and well being of the Nobel Peace Prize recipient Aung San Suu Kyi; and if he will make a statement on the matter. [24215/06]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 118, 135, 136 and 137 together.

Ireland takes a consistently strong position on Burma, including in the European Union framework and at the United Nations. Together with our EU partners, we avail of all opportunities to condemn the abuse of human rights and fundamental freedoms in Burma and deplore the lack of progress towards democracy. The recent visit by UN Under-Secretary-General (UN USG) Gambari to Burma from 18-20 May, was the first high-level visit to that country by a UN representative in more than two years. I welcome the fact that he was able to meet with the most senior Burmese leaders as well as with Daw Aung San Suu Kyi and representatives of her party, the National League for Democracy, during the visit. I also welcome the agreement by the Burmese government that the UN should play a role in promoting common ground between the government and the National League for Democracy so that the National Convention, which is due to resume its work in October, can proceed in a more inclusive way. I would appeal to the Burmese authorities to live up to their undertakings in this regard.

While welcoming the above developments, I remain very concerned about the situation. On 26 May, the EU issued a statement which noted with deep concern that the process of democratisation in Burma had recently suffered a worrying setback as the Burmese government stepped up its pressure against ethnic groups and the two main political parties. The statement noted that these actions contradict the professed intention to establish a genuine democratic nation. The statement also urged the Burmese government to accelerate the democratisation process, a process which should engage all political and ethnic forces in the country in a genuine dialogue and lead to the speedy completion of a constitution under civilian rule, which commands popular support and promotes peaceful and sustainable development.

I remain deeply concerned that Daw Aung San Suu Kyi has been detained continuously for three years without charge and, once more, urge the Burmese government to restore fully her freedom and civil liberties. UN USG Gambari's visit generated high hopes that her detention under house arrest, which was up for renewal a few days after he left Burma, might not be renewed by the authorities. This did not happen.

On his meeting with her, Mr Gambari said that she appeared quite well. He had asked her whether she was well and, not being a doctor, whether he could say that she was well. She had said "yes" to both. On 27 May, the EU issued a further statement which deeply regretted the decision of the Burmese government to extend the house arrest of Daw Aung San Suu Kyi and deplored the fact that international appeals, including that of the EU, had once again gone unheard. It said that this decision will be seen as yet another sign that the Burmese government is unwilling to compromise and move in the direction of an all-inclusive democracy.

I will continue to raise concerns about Burma on all possible occasions and to call on the Burmese government to assume its responsibilities towards its people and to allow the fullest possible UN involvement in a genuine process of democratisation and reconciliation. I am also strongly supportive of the fullest possible involvement by the UN Secretary-General, and his representatives, in working with the Burmese authorities on a genuine process of democratisation and reconciliation and in responding to the humanitarian needs of the long-suffering Burmese people. I would be very pleased if the UN Security Council were to consider the question of Burma, but I am not aware of any such plans beyond the recent briefing from UN USG Gambari.

As regards the question from Deputy Keaveney, the Governing Council of the Inter-Parliamentary Union adopted a further resolution on 12 May 2006 concerning parliamentarians in Burma. The latest resolution recalls the twenty three cases included in the earlier resolution and includes three further recent reports of arbitrary detention, unfair trial and harassment. I am not aware of any recent developments regarding these particular cases but have asked that they be kept under review in the period ahead.

Photo of Cecilia KeaveneyCecilia Keaveney (Donegal North East, Fianna Fail)
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Question 119: To ask the Minister for Foreign Affairs if there has been any change in the situation appertaining to Question No. 236 of 11 October 2005; and if he will make a statement on the matter. [24156/06]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The situation in this case remains as was set out in my replies of 10 May 2005 and 11 October 2005 to Questions from the Deputy. The Government shares the concerns which have been expressed about the conduct of the case and conditions under which the person is being held. We continue to monitor the case. In bilateral contacts with Israel, and together with its partners in the EU, the Government has regularly conveyed its concerns about the human rights implications of Israeli security policies, and the importance of full compliance with international humanitarian law.

Photo of Cecilia KeaveneyCecilia Keaveney (Donegal North East, Fianna Fail)
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Question 120: To ask the Minister for Foreign Affairs if there has been any change in the situation appertaining to Question No. 237 of 11 October 2005; and if he will make a statement on the matter. [24157/06]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The only additional information available on the ongoing investigation into Dr. Hitimana's disappearance is that the Rwandan parliament referred the case of Dr. Hitimana to the Rwandan National Commission for Human Rights in October 2005 and that body is now pursuing the official investigation. I look forward to an early completion of these investigations and to the National Commission for Human Rights in Rwanda being in a position to elucidate the fate of Dr. Hitimana.

Photo of Cecilia KeaveneyCecilia Keaveney (Donegal North East, Fianna Fail)
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Question 121: To ask the Minister for Foreign Affairs if there has been any change in the situation appertaining to Question No. 238 of 11 October 2005; and if he will make a statement on the matter. [24158/06]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I understand that the two persons referred to in the Deputy's Parliamentary Question No. 238 of 11 October 2005 were released from prison in January 2006. In welcoming their release, the EU called for the immediate release of all remaining political prisoners in Syria.

Photo of Cecilia KeaveneyCecilia Keaveney (Donegal North East, Fianna Fail)
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Question 122: To ask the Minister for Foreign Affairs if there has been any change in the situation appertaining to Question No. 239 of 11 October 2005; and if he will make a statement on the matter. [24159/06]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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There have not been any developments since my reply to question number 239 on 11 October 2005 to the Deputy on this matter.

Photo of Cecilia KeaveneyCecilia Keaveney (Donegal North East, Fianna Fail)
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Question 123: To ask the Minister for Foreign Affairs if there has been any change in the situation appertaining to Question No. 240 of 11 October 2005; and if he will make a statement on the matter. [24160/06]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I note that the Governing Council of the Inter-Parliamentary Union adopted a further resolution regarding Mr. Anwar Ibrahim, the former Deputy Prime Minister of Malaysia, at its most recent session on 12 May.

The only significant development since my reply to question number 240 from the Deputy on this matter, on 11 October 2005, is that Mr. Anwar filed a lawsuit on 27 January against Malaysia's former Prime Minister Mahathir for defamation, following remarks allegedly made by the former Prime Minister last September. He is seeking compensation and a Court injunction to prevent Mr. Mahathir from repeating the alleged defamatory words. The matter is before the Courts and a date has not yet been set for the trial. As I mentioned in the previous reply referred to, Mr. Anwar, while acquitted and released from prison in September 2004, is prevented from holding political office until April 2008.

Photo of Cecilia KeaveneyCecilia Keaveney (Donegal North East, Fianna Fail)
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Question 124: To ask the Minister for Foreign Affairs if there has been any change in the situation appertaining to Question No. 241 of 11 October 2005; and if he will make a statement on the matter. [24161/06]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I note that the Governing Council of the Inter-Parliamentary Union (IPU) adopted on 12 May 2006 a further resolution concerning the death of the Mongolian Parliamentarian, Mr. ZorigSanjasuuren, in 1998. I am pleased that since my reply to question no 241 on 11 October 2005 to the Deputy on this matter, a decision has been taken by the Mongolian Parliament's Special Oversight Committee to establish a working group to oversee the investigation into Mr. Zorig's death. I understand that the working group, which is due to be established shortly, is to be composed of five members of the Parliament belonging to different political parties.

Photo of Cecilia KeaveneyCecilia Keaveney (Donegal North East, Fianna Fail)
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Question 125: To ask the Minister for Foreign Affairs if there has been any change in the situation appertaining to Question No. 242 of 11 October 2005; and if he will make a statement on the matter. [24162/06]

Photo of Cecilia KeaveneyCecilia Keaveney (Donegal North East, Fianna Fail)
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Question 126: To ask the Minister for Foreign Affairs if there has been any change in the situation appertaining to Question No. 243 of 11 October 2005; and if he will make a statement on the matter. [24163/06]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 125 and 126 together.

I am aware that the Governing Council of the Inter-Parliamentary Council adopted further resolutions regarding these two cases at its most recent session on 12 May. There have been some developments in the case of Mr. Asif Ali Ardari, exiled leader of the Pakistan People's party and husband of exiled former Prime Minister Benazir Bhutto, since my reply to question number 242 from the Deputy on 11 October 2005. I understand that Mr. Zardari remains in the United States where he is convalescing following recent heart surgery. Mrs. Bhutto is believed to be in exile in Dubai.

I am informed that a Court in Pakistan issued arrest warrants for Mr. Zardari and Mrs. Bhutto on 3 June in connection with alleged electoral irregularities. Mr. Babar Awan, lawyer for Mr. Ardari and Mrs. Bhutto, challenged the basis for the issuing of arrest warrants as both Mr. Ardari and Mrs. Bhutto had gone abroad with the permission of the Court. He also challenged the Court's assertion that Mr. Zardari is an absconder for his failure to appear in Court.

I am advised that Mr. Makhdoom Javed Hashmi, leader of the Alliance for Restoration of Democracy party, who is currently serving a twenty-three year prison sentence for charges relating to defamation of the Pakistani authorities, applied for bail last July and that his application has been adjourned for an indefinite period. I understand that an appeal is also due to be heard on an application by the Prosecution to increase the sentence handed-down on Mr. Hashmi and that the Court has directed that both appeals be heard together. A date has not yet been set for the appeals. I understand also that Mr. Hashmi has reportedly been recently transferred to a prison outside Lahore where he is held in solitary confinement with limited visiting rights.

Ireland and our EU partners continue to raise human rights and democratisation issues with the Pakistani authorities on a regular basis. Last December the EU troika of Heads of Mission in Islamabad carried out the regular half-yearly human rights démarche with the Secretary of the Pakistani Ministry of Law, Justice and Human Rights. Concerns about a range of human rights issues, including the need to urgently establish a Human Rights Commission, were conveyed to the Pakistani authorities. We will continue to monitor closely the two cases the Deputy has raised in the period ahead.

Photo of Cecilia KeaveneyCecilia Keaveney (Donegal North East, Fianna Fail)
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Question 127: To ask the Minister for Foreign Affairs if there has been any change in the situation appertaining to Question No. 224 of 11 October 2005; and if he will make a statement on the matter. [24164/06]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I regret that there have been no positive developments in this matter and that the situation remains as was set out in my reply of 5 May 2005 to the Deputy. As I mentioned in my previous reply, with regard to the disappearance of Mr. Gonchar and 3 others in 1999/2000, the EU in December 2004 placed a visa ban on four persons who failed in their responsibility to initiate an independent investigation and prosecution.

On 10 April 2006 this measure was incorporated into a wider EU visa ban on members of the Belarussian leadership and officials responsible for the violation of international electoral standards and for the crackdown on civil society and democratic opposition. This ban, together with other measures recently adopted, reflects the serious concern shared by Ireland and our EU partners concerning the human rights situation in Belarus, and its failure to respect international standards in respect of democracy and the rule of law.

Photo of Cecilia KeaveneyCecilia Keaveney (Donegal North East, Fianna Fail)
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Question 130: To ask the Minister for Foreign Affairs if there has been any change in the situation appertaining to Question No. 246 of 11 October 2005; and if he will make a statement on the matter. [24167/06]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I am aware of the Deputy's ongoing concern and that the case she is referring to is being monitored inter alia by the Inter-Parliamentary Union (IPU) and that the IPU's Governing Council most recently adopted a resolution concerning them at its 178th session in Nairobi on 12 May 2006.

In my responses of 10 May 2005 and 11 October 2005 to written questions from the Deputy regarding this case, I stated that I share the view of the IPU that due process is essential in such cases. I note with satisfaction that one man was convicted of murder in relation to this case on 20 December 2005. However, I continue to share the concerns voiced by the IPU that all possible democratic and constitutional means should be used to bring others responsible for these murders to justice as soon as possible.

In a statement on political developments in Ecuador issued on 21 April 2005, the Luxembourg Presidency, on behalf of the European Union, called for every effort to be made to strengthen the democratic process and State institutions in Ecuador. This remains the EU position. My Department will continue to monitor the situation in Ecuador in cooperation with our EU partners with resident Embassies in Quito.

Photo of Cecilia KeaveneyCecilia Keaveney (Donegal North East, Fianna Fail)
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Question 131: To ask the Minister for Foreign Affairs if there has been any change in the situation appertaining to Question No. 247 of 11 October 2005; and if he will make a statement on the matter. [24168/06]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I am aware of the Deputy's ongoing concern and that the case she is referring to is being monitored inter alia by the Inter-Parliamentary Union (IPU) and that the IPU's Governing Council most recently adopted a resolution concerning it at its 178th session in Nairobi on 12 May 2006. In my responses of 10 May 2005 and 11 October 2005 to written questions from the Deputy regarding this case, I stated that I share the view of the IPU that due process is essential in such cases.

There have been no developments since my reply to the Deputy's question No 247 on 11 October 2005 on this matter. I wish to assure the Deputy that my Department will continue to monitor the situation in Honduras in cooperation with our EU partners with resident Embassies in Tegucigalpa.

Photo of Cecilia KeaveneyCecilia Keaveney (Donegal North East, Fianna Fail)
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Question 132: To ask the Minister for Foreign Affairs if there has been any change in the situation appertaining to Question No. 234 of 11 October 2005; and if he will make a statement on the matter. [24169/06]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I understand that Mr. Roy Bennett, the former Movement for Democratic Change (MDC) member of the Zimbabwean Parliament, has now requested political asylum in South Africa, following his and his family's move to that country earlier this year. His decision to leave Zimbabwe once again highlights the climate of oppression and lack of respect for human rights currently prevailing in that country.

I have no new or additional information on the situation of the other Zimbabwean parliamentarians referred to in the Deputy's original question of 10 May 2005. Regrettably, opposition politicians and supporters and members of civil society continue to be subject to ongoing harassment, intimidation, and arbitrary arrest and imprisonment by the Zimbabwean authorities. Ireland and our EU partners are continuing to take the lead internationally in highlighting the serious human rights situation in Zimbabwe and in pressing for the repeal of repressive legislation and an end to attacks on basic human freedoms by the Zimbabwean authorities.

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