Clare Daly (Dublin North, Socialist Party)
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Question 29: To ask the Tánaiste and Minister for Foreign Affairs and Trade his views regarding the humanitarian concerns used to justify UN Resolution 1973 which enabled the bombing of Libya and in view of the daily routine violations of international humanitarian law during the NATO campaign; and his further views that, far from humanitarian concerns, the NATO bombing was supporting one side in a civil war and that the bombing campaign was part of an offensive to capture Africa's vast natural resources and in no sense different to the imperialist scramble for Africa at the end of the 19 century. [33644/11]

Clare Daly (Dublin North, Socialist Party)
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Question 36: To ask the Tánaiste and Minister for Foreign Affairs and Trade noting his policy, Ireland and Africa Our Partnership with a Changing Continent - An Africa Strategy, for his Department which states that Africans are rightly committed to African solutions for African problems and that the African Union has become an increasingly important player in conflict resolution, mediation, peacekeeping and governance, his views regarding the refusal of NATO, to halt its military campaign to enable negotiation and arbitration which the AU had agreed with Colonel Ghadaffi on 10 April 2011; and if he will make a statement on the matter. [33643/11]

Eamon Gilmore (Dún Laoghaire, Labour)
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I propose to take Questions Nos. 29 and 36 together.

The Government welcomed the adoption by the United Nations Security Council of Resolution 1973 on 17 March which demanded the immediate establishment of a cease-fire, a complete end to violence and all attacks against, and abuse of, civilians and which decided to establish a no fly zone over Libya in order to help protect civilians. I have no doubt that, had resolution 1973 not been passed, thousands of people in Benghazi — and elsewhere in Libya — would have suffered the 'merciless' retaliation which Gaddafi himself promised as his forces massed on the edge of that city. Indeed, in the months that followed, despite NATO efforts, civilians in Libya remained under attack by pro-Gaddafi forces, including through indiscriminate shelling of civilian areas and the use of cluster munitions.

At any point, Colonel Gaddafi could have brought the conflict to an immediate end by ordering his forces to cease their attacks on civilians and enabling a transition process to begin. Intensive political efforts largely conducted under the auspices of UN Secretary General Ban's Special Envoy, Mr. al-Khatib, continued throughout the conflict to try and bring about such an agreed ceasefire. The role of regional organisations, including the African Union as well as the Arab League and the Organisation of Islamic Conferences, was extremely valuable and supportive of such peace initiatives which were, however, consistently thwarted by the Gaddafi regime's unwillingness to comply fully with the relevant Security Council resolutions and halt attacks against the civilian population. It is worth noting that it was the Arab League which initially called for a no-fly zone to be implemented over Libya. Ireland and the EU strongly supported and advocated a leading role by the relevant regional organisations in seeking to resolve the Libyan conflict.

NATO's Operation Unified Protector ceased its operations on 31 October 2011, following adoption of Security Council Resolution 2016 terminating the no fly zone over Libya. On the basis of the monthly reports submitted by the NATO Secretary General to the Security Council, it would appear that NATO made every effort to comply fully with its mandate of civilian protection, to avoid civilian casualties and to honour its obligations under Resolution 1973 and international humanitarian law.

There is no doubt that very major human rights violations did occur during the recent conflict in Libya, including cases of extra-judicial killings, which according to reports were perpetrated by both sides to the conflict. Respect for human rights and the rule of law will be crucial in the new Libya and must be a key priority for the National Transitional Council and its international partners. I welcome the commitment of the NTC and its leaders to protect and promote human rights, to fully investigate allegations of human rights violations, and to fully cooperate with the Commission of Inquiry established by the UN Human Rights Council to investigate all alleged violations of international human rights law in Libya. I also welcome that the NTC has extended an open invitation to the UN High Commissioner for Human Rights and Special Rapporteurs of the Human Rights Council to visit Libya.

The ending of impunity in Libya and accountability for any violations committed during the conflict must also entail a full, impartial and credible investigation into the circumstances surrounding Colonel Gaddafi's death. I welcome the NTC's commitment to conduct such an investigation which is essential if Libya is to move forward on a path towards full democracy in which the rule of law and basic human rights are fully respected.