Written answers

Thursday, 18 November 2010

Department of Foreign Affairs

Human Rights Issues

5:00 pm

Photo of Joanna TuffyJoanna Tuffy (Dublin Mid West, Labour)
Link to this: Individually | In context

Question 20: To ask the Minister for Foreign Affairs the progress made at EU level in monitoring the recommendation of the UN High Commissioner for Human Rights and the recommendations of the Human Rights Council periodic review in relation to Colombia [43143/10]

Photo of Brian O'SheaBrian O'Shea (Waterford, Labour)
Link to this: Individually | In context

Question 50: To ask the Minister for Foreign Affairs his views on the progress made since the Government's statement on the situation in Colombia in December 2009 in relation to human rights; and if he will make a statement on the matter. [43147/10]

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

I propose to take Questions Nos. 20 and 50 together.

Colombia was one of sixteen countries to be reviewed at the session of the Universal Periodic Review (UPR) mechanism of the UN Human Rights Council, which took place in Geneva between 1 and 15 December 2008. Ireland participated actively at the session, putting questions and recommendations to seven countries, including Colombia. The questions and recommendations of participating States, including those from Ireland, are reflected in the outcome reports that were adopted by the UPR Working Group and can be viewed on the website of the Human Rights Council: http://www.ohchr.org/EN/HRBodies/UPR/Pages/UPRmain.aspx

In relation specifically to the examination of Colombia, the Irish Delegation raised issues and made recommendations regarding human rights defenders, victims of gender-based violence and extrajudicial killings.

Ireland welcomed Colombian government assurances on the protection of Human Rights Defenders and the development of a Protection Programme for Human Rights Defenders. Ireland recommended also that Colombian legislation on Human Rights Defenders be implemented in full. Ireland recommended that the Colombian government implement the May 2008 Constitutional Court ruling that the witness protection programme be revised to deal with gender-based violence. Ireland recommended also that the Colombian Government implement urgently the recommendations of the UN High Commissioner for Human Rights from 2008.

In welcoming Colombian government efforts to end the incidence of extrajudicial killings in Colombia, Ireland further recommended that the new National Plan of Action on Human Rights and International Humanitarian Law be used to address comprehensively the issue of extra-judicial killings.

Then Foreign Minister Bermudez subsequently wrote to me in 9 December 2009 outlining in detail the steps that Colombia had undertaken, particularly in response to Ireland's recommendations at the Human Rights Council. In my response to Foreign Minister Bermudez' letter, I acknowledged the progress made but equally stressed the need for further serious efforts by the Colombian Government in order to meet its human rights commitments.

The State being reviewed has the primary responsibility to implement the recommendations contained in the final outcome. The UPR ensures that all countries are accountable for progress or failure in implementing these recommendations. When the time comes for the second review of a State, that State must provide information on what they have been doing to implement the recommendations made during the first review four years earlier. The international community may assist in implementing the recommendations and conclusions regarding capacity-building and technical assistance, in consultation with the country concerned. In the case of Colombia, the European Union monitors the human rights situation closely, including through a dedicated human rights dialogue, and as part of that process it will keep under review Colombia's progress on UPR recommendations.

On 7 August, President Juan Manuel Santos Calderón was inaugurated as President of Colombia. During his inaugural address, President Santos emphasised that human rights would be a key issue during his term of office. Specifically, the President stated that it was his firm position that respect for life was a sacred mandate, that respect for the freedom and integrity of people was an inescapable obligation and that advocacy of human rights was the firm and irrevocable commitment of his government.

President Santos has stated that Colombia's Ministry of Justice will be re-established as the Ministry of Justice and Rights with a view to strengthening the state's policy in support of justice and protecting fundamental rights. I am encouraged that President Santos has tasked his Vice President, Angelina Garzón, with particular responsibility for taking forward his government's programme in this important area. Furthermore, I have written to Foreign Minister María Ángela Holguin Cuéllar to indicate my continuing interest in human rights dialogue with the Colombian government.

I welcome the introduction by President Santos of a Land Reform Bill which aims to return two million hectares over the next four years to farmers who were forced off their land by illegal armed groups and a Victims' Law Bill which would provide reparation for more than four million victims of Colombia's long-standing armed conflict. The legislation includes provisions for medical care, education and humanitarian aid.

The Government will continue to monitor the human rights situation in Colombia through our Embassy, which is based in Mexico, and in cooperation with our EU partners with resident diplomatic missions in that country.

Question No. 21 answered with Question No. 8.

Photo of Joanna TuffyJoanna Tuffy (Dublin Mid West, Labour)
Link to this: Individually | In context

Question 22: To ask the Minister for Foreign Affairs the assistance the European Union is willing to give to assist in landmine clearance in Colombia. [43142/10]

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

The European Union is committed to the elimination of anti-personnel landmines worldwide and is one of the leading donors for the clearance and destruction of landmines. The EU is also a major contributor to providing humanitarian support for the victims of landmines. The Second Review Conference of the Anti-Personnel Landmine (Ottawa) Convention was hosted by Colombia in 2009, and in June 2008, the EU adopted a new Joint Action in support of the universalisation of the Ottawa Convention, and towards preparations for its Second Review Conference. The Joint Action offers specific assistance to States Parties (including Colombia) especially in relation to demining, victim assistance and stockpile destruction. In addition, the EU provides assistance in crisis situations through facilities such as the Humanitarian Aid Instrument and the Instrument for Stability. Member States and the European Commission have committed €1.8 billion in global assistance for the period 2002 to 2009 making the European Union the largest contributor to mine action worldwide.

As the Deputy is aware, Colombia is one of the most mine-affected countries in the world and landmines kill or injure an estimated 1,100 people each year. In 2007, Colombia established the Presidential Programme for Mine Action which is responsible for the coordination and regulation of comprehensive mine action efforts in Colombia.

The EU provided €2m in support for projects in mine risk education and victim assistance in Colombia after a call for local proposals in 2006. A separate EU programme from 2005 – 2010 provided €2.5m towards institutional strengthening of the Colombian National Mines Action capacity, particularly in areas such as humanitarian demining, mine risk education and victim assistance. A new project, entitled 'Strengthening Mine Action in Colombia' is expected to be launched in January 2011 for the period to 2015/16, with the EU providing €6m of the project's total of €7m. Its specific objectives will include effective decontamination from landmines, improvised explosive devices, and unexploded ordnance, and the release of land to rural populations. Such assistance is just one element of the EU's overall strategy of support for Colombia which is implemented, inter alia, through bilateral, Andean sub-regional and Latin American dialogue as well as through other EU Instruments.

Photo of Jan O'SullivanJan O'Sullivan (Limerick East, Labour)
Link to this: Individually | In context

Question 24: To ask the Minister for Foreign Affairs if he has congratulated the Chinese winner of the Nobel peace prize. [43157/10]

Photo of Pat BreenPat Breen (Clare, Fine Gael)
Link to this: Individually | In context

Question 38: To ask the Minister for Foreign Affairs if the Irish Government will be represented at the Nobel peace award ceremony in December which this year is being presented to Liu Xiaobo from China. [43314/10]

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

I propose to take Questions Nos. 24 and 38 together.

I would draw the Deputy's attention to the statement issued by High Representative Catherine Ashton on 8 October, in which she congratulated this year's winner of the Nobel Peace Prize, Liu Xiaobo, and reaffirmed the commitment of the European Union to supporting the efforts of human rights defenders worldwide.

Deputies will be aware of the continuing human rights dialogue with China, both at bilateral and at European Union level. This facilitates a full exchange on the issues, including specific cases. It is normal practice for the Ambassadors of EU Member States in Norway to attend the annual Nobel Peace Prize ceremony at the invitation of the Nobel Committee.

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
Link to this: Individually | In context

Question 27: To ask the Minister for Foreign Affairs his view of the decision by the Israeli Government to restart the building of settlements on Palestinian land in the West Bank and in East Jerusalem; the steps he has taken in relation to this move; if there have been any discussions on this issue at an EU level; and if he will make a statement on the matter. [43323/10]

Photo of Jim O'KeeffeJim O'Keeffe (Cork South West, Fine Gael)
Link to this: Individually | In context

Question 47: To ask the Minister for Foreign Affairs his views on the Israeli Government's disclosure of new plans to expand Jewish settlements in the occupied Palestinian territories and the steps that are being taken to bring home to the Israeli Government the consequences of this illegal activity. [43098/10]

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

I propose to take Questions Nos. 27 and 47 together.

Ireland and the European Union regard all Israeli settlement activity in the occupied Palestinian territories as illegal. However, without prejudice to that position, the partial freeze on new settlement construction in the first half of this year, limited as it was, was an important element in creating the atmosphere to allow substantive political negotiations between Israel and the Palestinians to begin. Despite almost universal international calls on Israel to renew this construction freeze when it expired on 26 September, so as to allow the talks to continue, the Israeli Government did not do so, and instead allowed construction to resume. I made clear my profound disappointment at this decision in my address to the UN General Assembly on 27 September.

The settlement enterprise, some of which is in private hands and some the direct action of the Israeli Government, is aimed at changing the demographic balance on the ground, and creating facts which will dictate the shape of any future negotiated peace. It also involves the progressive expropriation of Palestinian lands, expulsion of families, and destruction of their homes. In the weeks since the moratorium ended, settlers have gone ahead in establishing new house starts or foundations for new building, which may not be covered by any renewed freeze. At the same time, there have been a number of highly publicised announcements of construction permits, building plans and other planning stages. These are part of the ongoing and relentless process of settlement expansion, the details and stages of which are kept deliberately opaque and unclear, including, many observers believe, to public opinion in Israel. The effect of these developments on both Palestinian public opinion, and the ability of their leaders to command support for serious negotiations with Israel, is clear to everyone, and it must be a matter of the greatest concern that the Israeli Government does not appear to recognise this, or accord it sufficient importance. I would appeal to all sides, and particularly the Government of Israel, to recognise that the greatest possible restraint should be the highest priority at this time. I would expect broad endorsement of this message when the Foreign Affairs Council meets in Brussels next week to discuss, inter alia, the latest developments in the MEPP.

At this moment, there are hopes that a renewed settlement construction freeze may be agreed shortly. Ireland and the EU have made clear our strong support for the efforts of the United States to bring this about. I have dealt with these developments in more detail in response to earlier questions on today's Order Paper.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 28: To ask the Minister for Foreign Affairs the extent to which he directly or through the aegis of the EU or UN has focused on human rights issues at the various locations throughout the world which have been recognised as areas of continuing human rights abuse; and if he will make a statement on the matter. [43322/10]

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 123: To ask the Minister for Foreign Affairs the degree to which the international community has put in place or intends to put in place a procedure to monitor and address human rights abuses throughout the world; and if he will make a statement on the matter. [43517/10]

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

I propose to take Questions Nos. 28 and 123 together.

Unfortunately, no part of the world is totally free from human rights abuses. Ireland, both bilaterally and in association with the European Union and other like-minded partners, makes frequent and numerous interventions with regard to 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 official channels, reports of the United Nations Treaty Monitoring Bodies, reports of Independent Experts and Special Rapporteurs appointed by the United Nations and international and Irish non-governmental and 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. The 65th Session of the UN General Assembly is currently taking place in New York. Ireland is playing an active role in negotiating draft resolutions on Iran, Burma and the Democratic People's Republic of Korea.

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. Ireland is fully associated with these statements. The EU also introduces or supports resolutions dealing with specific countries, as circumstances require.

Ireland has engaged proactively with the UN Human Rights Council's Universal Periodic Review mechanism since its creation in March 2006. At the latest session of the UPR, which took place in Geneva, from 1-12 November 2010, Ireland made a number of interventions, raising issues such as gender based violence, gender equality, fair judicial proceedings, ending criminal sanctions on the basis of sexual orientation and gender identity, ratification and implementation of the Convention against Torture and other cruel, inhuman or degrading treatment or punishment, the death penalty and the protection of human rights defenders within the States under review. Ireland asked questions of or made recommendations to Honduras, Lebanon, Liberia, Malawi, Mongolia and the United States of America. Member States are expected to report to the Human Rights Council on their follow up to their examination under the Universal Periodic Review process, including whether or not they have implemented their UPR recommendations.

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 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.

Comments

No comments

Log in or join to post a public comment.