Written answers

Wednesday, 31 January 2007

Department of Foreign Affairs

Human Rights Issues

8:00 am

Photo of Ciarán CuffeCiarán Cuffe (Dún Laoghaire, Green Party)
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Question 1029: To ask the Minister for Foreign Affairs if his attention has been drawn to the fact that there is evidence that Chinese Embassy officials in Canada and Australia have been monitoring Falun Gong practitioners outside of China; if he will ask the Chinese Embassy here the degree to which it is watching Falun Gong practitioners here; the position he will take if it is found that Chinese Embassy officials have been breaking Irish laws; if he is willing to meet with the Irish Falun Gong Association to discuss this issue. [43858/06]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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Officials of the Chinese Embassy, in common with all diplomats accredited to Ireland, are under the Vienna Conventions obliged to respect the laws of Ireland. I am not aware of any reason to believe that the conduct of officials at the Chinese Embassy is not fully in conformity with their obligations. The Government takes seriously concerns about human rights in China, including the situation of Falun Gong members, and my Department has had regular contacts with representatives of the Falun Gong in Ireland to hear to their concerns.

Photo of Ciarán CuffeCiarán Cuffe (Dún Laoghaire, Green Party)
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Question 1030: To ask the Minister for Foreign Affairs if his attention has been drawn to the fact that the Canadian Government has stopped its closed door annual human rights dialogue with China because it was not seen to be making sufficient progress on human rights; his views on the positive results made to date in view of the fact that the EU-China human rights dialogue has been continuing for a number of years; and if it can be judged as a successful dialogue. [43859/06]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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Any decision by the Canadian Government to end its annual human rights dialogue with China is a matter for the Canadian authorities and it would not be appropriate for me to comment. The EU cooperates closely with Canada in seeking to promote respect for human rights throughout the world.

The EU-China Human Rights Dialogue (HRD), which was established in 1996, has served as the main forum for discussion of human rights issues at the European Union level. However, human rights are a constant point of discussion with the Chinese authorities, both at the national and at the EU level.

The HRD, the most recent round of which took place in Beijing in October 2006, has allowed the EU to engage with China on such issues as freedom of expression, the death penalty, the independence of the judiciary and freedom of religion. The EU has used the Dialogue to press its case for Chinese ratification of such international instruments as the International Covenant on Civil and Political Rights (ICCPR) and, in that context, reform of the criminal justice system. The EU has also urged China to continue cooperation with, and to implement the recommendations of, the UN Special Rapporteur on Torture, including in particular the abolition of the "re-education through labour" system. The EU continues to use the HRD to raise significant individual human rights cases.

Equally, the EU provides support for the Dialogue process, for example through regular EU-China Human Rights Seminars, the most recent of which took place in Beijing in October. These seminars give EU human rights experts, including Irish representatives, the opportunity to share their expertise on human rights related topics with Chinese representatives. Seminars have focused on issues such as labour rights, freedom of access to information, human rights education and implementing the recommendations of human rights mechanisms. An expert level meeting of the Ireland-China Human Rights Academic Exchange took place in Galway on 31 March/1 April 2006, with the participation of six Chinese academic experts.

In our view, the process allows for genuine dialogue and a constructive and pragmatic approach to improving human rights standards. Obviously major concerns remain, but I believe that in the case of China it is only through dialogue that genuine pressure for change can be sustained. The EU keeps the functioning of the Dialogue under review to seek to ensure the greatest possible effectiveness.

On a bilateral level, of course Ireland continues to raise human rights issues with China at every possible opportunity. In a meeting with Chinese Foreign Minister Li Zhaoxing on 12 May, during a visit to Beijing, I brought up our concerns in the area of human rights. Foreign Minister Li referred in particular to China's commitment to the EU-China Human Rights Dialogue. Most recently, the Tánaiste held official talks on 25 September with visiting Chinese Vice-Premier Zeng Peiyan in the course of which he also raised human rights issues and concerns.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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Question 1031: To ask the Minister for Foreign Affairs the action he has taken to protect or condemn the hosting by Iran of a conference to deny that the Holocaust occurred; and if he will make a statement on the matter. [43922/06]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The Government has made its position very clear on this issue, both publicly and directly to the Iranian authorities. As the Deputy will be aware, I have strongly condemned a series of statements by President Ahmadinejad calling for the destruction of the State of Israel and claiming that the Holocaust is a historical fabrication. The Government, together with our EU partners, unreservedly condemned the recent Holocaust conference in Tehran, together with all attempts to deny or question the Holocaust in any way.

To emphasise the strength of the Government's concern, the Chargé d'Affaires of the Iranian Embassy in Dublin was called in to the Department of Foreign Affairs on 13 December 2006. He was informed that the Government unreservedly condemned the efforts of the Government of Iran to cast doubt on the events of the Holocaust, and to connect this issue to the repeated and totally unacceptable remarks of President Ahmadinejad in relation to Israel. He was reminded that there is no reputable historical opinion which questions the Holocaust, and that Resolution 60/7 adopted by the UN General Assembly in November 2005 rejects any denial of the Holocaust as a historical event. The Chargé was asked formally to convey the Government's clear views to his authorities.

On 12 December 2006, the Finnish EU Presidency issued a strong statement condemning the Conference on behalf of the European Union. On 14 December, the meeting of the European Council, which I attended with the Taoiseach, issued a Declaration condemning any denial of the Holocaust as a historical fact, whether in whole or in part, and firmly rejecting the underlying premise and the objectives of the conference organised by the Iranian authorities.

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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Question 1032: To ask the Minister for Foreign Affairs if he will raise the plight of the 5 Cuban political prisoners known as the Miami Five in the US at EU and UN levels. [1160/07]

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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Question 1041: To ask the Minister for Foreign Affairs if he will actively support the United Nation Working Group on Arbitrary Detentions which have ruled that the Miami Five are unfairly detained in the US. [2017/07]

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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Question 1042: To ask the Minister for Foreign Affairs if he will meet a person (details supplied) to discuss the Miami 5 case. [2093/07]

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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Question 1044: To ask the Minister for Foreign Affairs if he will support Amnesty International in their call to the United States for visas to be granted to the wives of the Miami 5; and to support their civil, legal and human rights. [2097/07]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 1032, 1041, 1042 and 1044 together.

The case to which the Deputy refers relates to five Cuban citizens who were convicted in the US in 2001 on charges ranging from espionage to first degree murder. A panel of three judges from the 11th Circuit Court of Appeals in Atlanta overturned the 2001 convictions on 9 August 2005 and ordered a retrial based on new evidence. The Miami District Attorney duly filed an appeal against the decision of the 11th Circuit Court of Appeals. Following an appellate hearing on 14 February 2006, a 10-2 decision to uphold the 2001 convictions was issued on 9 August 2006.

As regards the question of unfair detention, the Deputy will be aware that, in its 2005 Report on this aspect, the United Nations Working Group on Arbitrary Detention stated that its determination does not imply a consideration regarding the innocence or guilt of the concerned person, and that the Working Group does not substitute itself for the domestic courts. It is my understanding that a number of appeals lodged on behalf of the defendants remain under active judicial review within the framework of the US domestic legal system.

I am aware of the Amnesty International call for temporary visas to be granted to the wives of two of the accused. However, visa applications from members of the families of the accused in order to visit the accused are a matter for the US authorities, and it would not be appropriate for me to raise the matter with those authorities.

Although the report of the UN Working Group on Arbitrary Detention is a matter of concern, the Government has no standing in this matter. As I have previously informed the House on a number of occasions, this is a bilateral consular question between the US and the Cuban authorities and, consequently, I do not intend to raise this matter at EU or UN level, nor otherwise to pursue this issue, including through meeting the individual referred to by the Deputy.

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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Question 1033: To ask the Minister for Foreign Affairs Ireland's position regarding capital punishment in Iraq; and if he will come out stronger in support of the UN position. [1161/07]

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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Question 1045: To ask the Minister for Foreign Affairs the reason the Government failed to condemn the execution of Saddam Hussein and the subsequent posting of video images of the hanging on the internet; and if he will make a statement on the matter. [2218/07]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 1033 and 1045 together.

I have consistently set out very clearly the Government's firm opposition to the use of the death penalty in all circumstances.

Far from failing to condemn the execution of Saddam Hussein, I actually strongly condemned both the fact and the manner of his execution, and the subsequent grotesque posting of images on the internet. Furthermore, on 15 January, I condemned the execution of two of his associates, Barzan Al Takriti and Awad Hamed Al Bandar. I expressed regret that the Iraqi Government had not listened to appeals from the UN Secretary General and others for a stay of execution. I also stated that it is in the interests of justice and reconciliation in Iraq that the Iraqi authorities take the step of ending executions.

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