Written answers

Tuesday, 16 February 2010

Department of Foreign Affairs

Human Rights Issues

9:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 363: To ask the Minister for Foreign Affairs the extent to which the EU or UN have become involved or are likely to become involved in investigations into the kidnapping, detention or treatment of persons or prisoners in the Middle East with particular reference to the need to ensure that all prisoners or detainees are held in compliance only with international agreements; and if he will make a statement on the matter. [7835/10]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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The area of deprivation of liberty and treatment in detention is a key element in the protection of human rights and the rule of law and good governance in any state. This includes right to trial, due process, equitable treatment, conditions of detention, and the effect of any emergency measures. All of these issues therefore can form part of the dialogue on political and human rights issues which the EU expects to have as part of its relationship with all of its partners, including in the Middle East. If the Deputy has a particular issue or country in mind, he might wish to communicate with me and I will be happy to respond.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 368: To ask the Minister for Foreign Affairs the position regarding human rights violations, war and starvation in the various African countries most seriously affected by such issues; and if he will make a statement on the matter. [7840/10]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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Unfortunately, no part of the world is totally free from human rights abuses, and some countries in Africa also experience war and/or starvation. As I have stated on previous occasions it is not the policy of the Government to draw up a list of countries most seriously affected by such issues, and I shall therefore not focus on individual countries. Human rights concerns remain central to our foreign policy. Together with our EU partners, Ireland monitors closely the human rights situations in many countries throughout the world, on the basis of information obtained from a variety of sources including both official and non-governmental organisations. Where and when the situation warrants, we make known our concerns about human rights violations to the Governments in question. We do this either bilaterally, through the EU, or through action at the UN General Assembly and the UN Human Rights Council, including, in the case of the latter, through the new Universal Periodic Review process whereby the human rights performance of each UN State is reviewed.

Active participation in multilateral organisations such as the EU, the UN and the Council of Europe provides opportunities for Ireland to voice its concerns regarding human rights abuses. Through these organisations, international pressure can be brought to bear on those responsible for the violation of human rights. For example, together with our EU partners, Ireland has been a consistent and strong supporter of the International Criminal Court, recognising it as an essential means of combating impunity for the most serious violations of international humanitarian law and human rights law. The Court's Prosecutor has opened investigations into a number of country situations and we will continue to monitor this work closely.

With regard to the issue of starvation, it is estimated that more than a billion people today do not have enough food. Ireland is responding to this challenge and in doing, so we are working bilaterally in our programme countries, with our EU and partners and at a global level through the UN agencies. Since the publication of the report of the Hunger Task Force in September 2008, Ireland's focus on hunger reduction has become a cornerstone of Irish Aid's development programme. In particular, efforts are concentrated on the three priority areas identified in the report, namely: increasing smallholder agricultural productivity in Africa; targeting under-nutrition (especially maternal and infant); and promoting governance and leadership action on tackling global hunger. Nowhere is this work more challenging than in countries affected by conflict where it is critically important to move quickly with large-scale emergency food assistance in order to save lives.

Irish Aid is committed to responding to emerging global hunger issues. Funds are targeted at a number of different agriculture, food security and nutrition interventions. Food assistance and therapeutic care save lives when starvation has already caused malnutrition but it is also vitally important to focus on prevention – to reach vulnerable groups through nutritional interventions which have long-term positive effects. This means a particular focus on women and young children. Best practice and scientific research demonstrates that by intervening as early and aggressively as possible during the short interval from pregnancy to 24 months of age leads to greater reductions in child under-nutrition than later interventions aimed at reversing under-nutrition.

With regard to security, UN peacekeeping missions in Africa have a major role in stabilising former and current conflict zones. Members of the Irish Defence Forces have participated in numerous UN peacekeeping missions in Africa, including in the Congo, Eritrea, Liberia and currently in Chad. In developing a sustainable approach which properly addresses the root causes of human rights abuses, war and starvation, African leadership and responsibility are crucial. This is recognised by the EU and UN, which are both working to build the capacities of African States and the African Union to respond to these challenges. Ireland is committed to playing its part in this work, and I believe that our comprehensive and inclusive approach to the challenges of human rights abuses, poverty, conflict and security stands the best chance of facilitating real and positive change in the lives of millions of people in Africa.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 369: To ask the Minister for Foreign Affairs the progress made to date on foot of the imprisonment in Iran of a person (details supplied) who was arrested in Iran on 9 July 2009 and who has not had access to legal counsel; if he will enlist the aid of the international community with a view to ensuring that they are accorded family and legal visitations in line with international human rights criteria; and if he will make a statement on the matter. [7872/10]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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As the Deputy will be aware from my previous replies to him, most recently on 15 December, we have been following this case closely through our Embassy in Tehran. Following his arrest at his home on 9 July and his subsequent appearance at one of the televised show trials, Dr Kian Tajbakhsh was sentenced on 20 October, reportedly on allegations of espionage and playing a role in the public unrest which followed the disputed June Presidential elections in Iran. The exact charges which were brought against Dr. Tajbakhsh, and indeed the length of his sentence, were not made clear at that time. Dr. Tajbakhsh's lawyer initially indicated that he would be imprisoned for 12 years or more. Reports now indicate that Dr. Tajbakhsh's case was heard by an appeals court on 10 February and his sentence was set at 5 years for a variety of charges linked to the post election disturbances in Iran.

The case of Dr. Tajbakhsh, as an American citizen, continues to be dealt with actively by the Swiss Embassy in Tehran, which represents US interests in Iran. In a strong statement on Dr. Tajbakhsh's case on 1 December, the EU Presidency reiterated its concerns and described the reports of Dr. Tajbakhsh facing additional charges as "deeply worrying". The EU statement urged Iran to comply with all international and regional human rights instruments which it had ratified, and not least with the relevant articles of the International Covenant on Civil and Political Rights regarding the right to a fair trial, which is also enshrined in the Constitution of the Islamic Republic of Iran. In a Declaration issued on 11 December, the European Council again reiterated its deep concerns about continued violations of human rights in Iran.

I would also note that the EU and US issued a joint statement on 8 February condemning the continuing human rights violations in Iran while EU High Representative Catherine Ashton on 11 February reiterated the EU's support for those seeking to defend democracy, human rights and fundamental freedoms in Iran. Senior officials of my Department have raised Dr. Tajbakhsh's case directly with the Iranian Ambassador to Ireland and have made clear our concerns at his sentencing and the possibility of his facing additional charges. We will continue to bring the case of detainees such as Dr. Tajbakhsh to the attention of the Iranian authorities. We will also avail of every opportunity to express our concerns about the marked deterioration of human rights in Iran, both nationally and in an EU and international context.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 370: To ask the Minister for Foreign Affairs the extent to which he directly or in association with the EU or UN has managed to make positive intervention in areas throughout the world which appear to have the most serious human rights abuses; the serious cases that have arisen in recent times; the action or actions taken to combat this issue; and if he will make a statement on the matter. [7873/10]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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Unfortunately, no part of the world is totally free from human rights abuses. Ireland, both bilaterally and in association with EU and other like-minded partners, makes frequent and numerous interventions regarding human rights concerns in the countries which have the most serious human rights abuses. Human rights concerns remain central to our foreign policy. Together with our EU partners, Ireland closely monitors the human rights situations in many countries throughout the world, on the basis of information obtained from a variety of sources including both official channels and non-governmental/civil society organisations.

Where and when the situation warrants, we make known our concerns about human rights violations to the Governments in question. We do this bilaterally, through the EU, or through action at the UN General Assembly and the UN Human Rights Council. We support the use of the full UN human rights machinery in responding to human rights abuses, including supporting the role of UN Treaty Monitoring Bodies, Special Procedures and Mandate Holders and the convening, where appropriate, of Special Sessions of the UN Human Rights Council. At these UN bodies, the EU regularly makes statements on the human rights situations in a number of countries from all regions. Ireland is fully associated with these statements. The EU also introduces or supports resolutions dealing with specific countries.

The Universal Periodic Review mechanism is one example of how Ireland and the international community can bring pressure to bear on those responsible for human rights violations. Ireland has engaged proactively with this UN Human Rights Council mechanism since its creation in March 2006. At the seventh session of the UPR, currently underway in Geneva, from 11- 22 February, Ireland is making numerous interventions, raising issues such as gender based violence, children's rights, death penalty, impartiality of the judiciary, freedom of expression, freedom of association and the protection of human rights defenders with the States under review in this round.

The EU has adopted Common Positions on certain countries, which attach priority to promoting human rights, democracy, good governance and the rule of law. In addition, the EU conducts human rights dialogues with a number of countries and also raises human rights concerns as part of political dialogue meetings. Together with our EU partners, Ireland has been a consistent and strong supporter of the International Criminal Court, recognising it as an essential means of combating impunity for the most serious violations of international humanitarian law and human rights law. The Court's Prosecutor has opened investigations into a number of country situations and we will continue to monitor this work closely.

The risk of human rights violations is greater where political, economic and administrative systems are weak. Development is essential to allow people the full enjoyment of their human rights, and this is a key concern for Ireland's development co-operation programme. Irish Aid supports specific actions designed to promote human rights, including by strengthening government systems and in-country human rights institutions, in particular through legal training. Support is also provided for legal aid programmes targeted at victims of human rights abuses. Irish Aid has a specific focus on governance in several programme countries. The Government will continue to avail of all the above-mentioned mechanisms and instruments as a means of highlighting violations of human rights and furthering their protection.

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