Written answers

Tuesday, 8 April 2008

Department of Foreign Affairs

Human Rights Issues

9:00 pm

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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Question 241: To ask the Minister for Foreign Affairs the position the Irish Government took on the draft Optional Protocol to the International Covenant on Economic, Social and Cultural Rights ahead of the sixth session of the Open Ended Working Group of the UN Human Rights Council beginning on 31 March 2008 in Geneva; and if he will make a statement on the matter. [12825/08]

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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Question 242: To ask the Minister for Foreign Affairs the contacts that took place with other Government Departments to agree the Government's position on the draft Optional Protocol to the International Covenant on Economic, Social and Cultural rights ahead of the sixth session of the Open Ended Working Group of the UN Human Rights Council beginning on 31 March 2008 in Geneva; the nature and content of those contacts; and if he will make a statement on the matter. [12827/08]

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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Question 243: To ask the Minister for Foreign Affairs if he will give a comprehensive report on Ireland's role in the negotiations on the draft Optional Protocol to the International Covenant on Economic, Social and Cultural Rights to date, including the sessions of the Open Ended Working Group of the Human Rights Council; the nature and content of the contributions to be made by the Irish negotiating team at the sixth session from 31 March to 4 April 2008 of the Working Group and leading up to it; the position adopted by the Irish negotiating team to any and all alternate drafts presented to the working group; the reasons for the adoption of those positions; and if he will make a statement on the matter. [12828/08]

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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Question 244: To ask the Minister for Foreign Affairs the position to be adopted by the Irish negotiating team at the sixth session from 31 March to 4 April 2008 of the Open Ended Working Group of the UN Human Rights Council on the two options contained in the chairperson's draft text of the Optional Protocol to the International Covenant on Economic, Social and Cultural rights, one proposing a comprehensive Optional Protocol and one proposing an a la carte optional protocol which states parties could determine in respect of which of the covenant's rights the way they will consider complaints; and if he will make a statement on the matter. [12829/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 241 to 244, inclusive, together.

The International Covenant on Economic, Social and Cultural Rights (ICESCR) was ratified by Ireland on 8 December 1989. An Optional Protocol to this International Covenant on Economic, Social and Cultural Rights (OP-ICESCR), which has been in discussion since 1990, would set up a mechanism that would make it possible for individuals or groups of individuals to submit a complaint to the UN Committee on Economic, Social and Cultural Rights in regard to violations of their economic, social and cultural rights by a State Party to that Protocol. It would not create any new substantive rights.

Discussions on the Optional Protocol to the ICESCR have been taking place in a Working Group which held its first session in 2004. In June 2006, the UN Human Rights Council mandated the Working Group to start negotiating the text of an Optional Protocol, and requested the Chairperson-Rapporteur of the Working Group to prepare a first draft to serve as the basis for negotiations.

Discussions in the Working Group proceeded faster than expected, due in no small part to the work of the dynamic Chair of the process, Ms Catarina de Albuquerque of Portugal. As the Deputy will be aware, the last session of the Working Group took place in Geneva last week, 31 March — 4 April 2008. On Friday last the Chair noted that there was no objection to the transmission of the latest text to the UN Human Rights Council in Geneva for its consideration and that, as a result, the Working Group had completed its mandate. While the Chairperson-Rapporteur made very significant efforts to address the differing views of delegations, varying degrees of concern remained on the part of a certain number of delegations.

I welcome the progress which has been made in the Working Group. I would like to reiterate Ireland's commitment to the process and to the goal of building the broadest possible support for this new instrument. Officials of this Department were actively engaged with the Working Group, in consultation with other relevant Government Departments, and, though not a member at present, we will continue to follow developments in the Human Rights Council. The NGO community has been following developments and I can assure the Deputy that their observations will be taken fully into account in our ongoing consideration of the draft Optional Protocol.

Policy issues emerging from the deliberations of the Working Group will need to be considered by my Department and other relevant Departments, which will examine carefully, in advance of consideration of the text by the Human Rights Council in June, the extent to which the latest text addresses our concerns.

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