Written answers

Tuesday, 6 July 2010

Department of Foreign Affairs

Human Rights Issues

10:00 am

Photo of Willie PenroseWillie Penrose (Longford-Westmeath, Labour)
Link to this: Individually | In context

Question 78: To ask the Minister for Foreign Affairs the discussions he has held regarding recent processes in certain countries in Africa to punish persons engaged in same-sex relationships with custodial sentences or worse. [29643/10]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
Link to this: Individually | In context

I am extremely concerned about the situation of those in same-sex relationships in certain African countries. In many countries in Africa, though not all, same-sex relationships are illegal. Even where they are not illegal, they are often not well tolerated, with people suffering violence and discrimination as a result of their sexual orientation. At the same time, many such countries have signed up to international conventions and made commitments in relation to human rights which they must be urged to respect in full.

Most recently, there have been high profile situations of concern in Uganda and Malawi, which we have been monitoring since they arose. In Uganda a new Private Member's Bill entitled "Anti-Homosexuality Bill 2009" was submitted by MP David Bahati late last year which aimed to broaden the criminalisation of homosexuality by introducing the death penalty for certain categories of conviction. The Bill subsequently was sent to a committee for review, although it has not yet been withdrawn. In Malawi, two men, Steven Monjeza and Tiwonge Chimbalanga, who held a traditional engagement ceremony were charged with "unnatural practices between males and gross public indecency" and subsequently convicted for "unnatural acts" and gross indecency and sentenced to 14 years' hard labour. Although President Mutharika subsequently granted them an unconditional pardon, the decision was taken on humanitarian grounds and the law which was used to convict them has not changed.

Our ongoing dialogues with Governments in Africa include human rights issues. Uganda and Malawi are priority countries for our Irish Aid programme and as such we have better access to the Governments of those countries. Since the Bill was first proposed, our Embassy in Kampala expressed our deep concerns to the Government of Uganda. When I was in Kampala last week, I availed of the opportunity in meeting with Foreign Minister Kutesa, to raise this issue again and to renew our serious concerns. The Foreign Minister assured me that his Government is dealing with the matter; he reiterated that this was a Private Member's Bill which was not sponsored by the Government. I also discussed the matter with the Chair of the Uganda Human Rights Commission, which has been asked by Parliament to give its views on the Bill and which underlined to me its view that Uganda should respect its obligations under international covenants. The Irish Embassy in Kampala will continue to monitor the situation closely and will remain in contact with local human rights and representative groups on this issue.

Similarly, our Embassy in Lilongwe expressed our serious concerns to the Government of Malawi as soon as charges were brought in the case there. My colleague, the Minister of State for Overseas Development, Peter Power, TD, made a public statement condemning the conviction. In addition, we supported a similar statement made by Catherine Ashton, EU High Representative for Foreign Affairs and Security Policy. The Irish Embassy in Lilongwe will continue to coordinate with partners to seek appropriate changes to the relevant laws in Malawi.

Another forum for discussion is the Universal Periodic Review mechanism of the UN Human Rights Council, which provides opportunities to raise human rights situations of concern and allows each State under review to declare what actions they have taken to improve the human rights situations in their countries and to fulfil their human rights obligations. Ireland has been an active participant in this process, raising matters of interest and making recommendations, including on issues of sexual orientation in the case of a number of reviews. The 9th session of Universal Periodic Reviews at the Human Rights Council will take place in November, when the human rights situation in Malawi will be reviewed. Uganda's review will take place at the 12th Session in late 2011.

Both Malawi and Uganda are states parties to the International Covenant on Civil and Political Rights (ICCPR). The Human Rights Committee, which monitors the implementation of the ICCPR, has affirmed that the principle of non-discrimination includes the prohibition of discrimination on the grounds of sexual orientation. This principle underpins the ICCPR, as it underpins the African Charter on Human and Peoples' Rights and the Universal Declaration of Human Rights. Along with EU and international partners we shall continue to impress upon both Governments the need for them to comply with their own obligations under international human rights agreements and to protect all their citizens.

Photo of Ulick BurkeUlick Burke (Galway East, Fine Gael)
Link to this: Individually | In context

Question 80: To ask the Minister for Foreign Affairs his views on the setting up by the UN of a panel to investigate alleged human rights abuses in Sri Lanka; if he will report on any discussions which have taken place at EU level regarding this matter; and if he will make a statement on the matter. [29585/10]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
Link to this: Individually | In context

I welcome the decision taken by the UN Secretary General on 22 June to appoint a Panel of Experts to advise on the issue of accountability with regard to alleged violations of international human rights and humanitarian law during the final stages of the conflict in Sri Lanka, which ended in May last year.

The Panel will be made up of three distinguished legal officials, Mr Marzuki Darusman (Indonesia), who will serve as Chairperson, Ms Yasmin Sooka (South Africa) and Mr Stephen Ratner (USA). It is expected to complete its work within four months. In particular, it will look into "modalities, applicable international standards and comparative experience with regard to accountability processes, taking into account the nature and scope of any alleged violations in Sri Lanka".

As reported to Deputies previously, I have long called for the establishment of an independent inquiry to investigate responsibility for alleged violations of international human rights law and humanitarian law committed by both the Government of Sri Lanka and the Liberation Tigers of Tamil Eelam (LTTE) in the course of the conflict in Sri Lanka, particularly during its final months. I believe that accountability is an integral part of the process of reconciliation in Sri Lanka.

The European Union has taken the same view. In Council Conclusions issued on 27 October 2009, EU Foreign Ministers repeated their view that possible violations of international humanitarian law and human rights law by all actors in Sri Lanka should be subject to an "independent and credible inquiry".

Regrettably, intensive efforts by the EU last year to secure the agreement of the UN Human Rights Council for the establishment of such an inquiry were unsuccessful. Nevertheless, in spite of this, I am still firmly of the view that an inquiry of this kind is essential, though I am not optimistic that one will be authorized in the near future.

The Panel which has now been set up by the Secretary-General is particularly welcome in these circumstances and I believe its work will form an important element in the overall response of the international community to Sri Lanka's post-conflict rehabilitation and reconstruction needs. In this context, it is deeply disappointing that the Government of Sri Lanka has reacted in such a negative way to the appointment of the Panel, describing it as an unwarranted and unnecessary interference in the affairs of a sovereign nation.

A genuine process of dialogue and reconciliation must be initiated in Sri Lanka with a view to securing sustainable peace for all the people of the island. Such a process should involve the UN and others in the international community. Without reconciliation there can be no return to long-term security or prosperity for Sri Lanka. Ireland will continue with its efforts, both bilaterally and with our partners in the EU, to support the peace process in Sri Lanka.

Question No. 81 answered with Question No. 47.

Comments

No comments

Log in or join to post a public comment.