Written answers

Tuesday, 22 November 2011

Department of Foreign Affairs and Trade

Human Rights Issues

8:00 pm

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Independent)
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Question 107: To ask the Tánaiste and Minister for Foreign Affairs and Trade his policy with regard to the long-standing United Nations commitment to hold a referendum on the issue of self-determination for the non-self-governing territory of Western Sahara.; and if he will make a statement on the matter. [35589/11]

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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Ireland continues to support the right to self-determination of the people of Western Sahara, and the continuing engagement of the United Nations in the search for a political solution in the territory based on the principle of self-determination. UN Secretary General Ban's Personal Envoy for Western Sahara, Christopher Ross, has convened several rounds of informal talks most recently in July this year. Mr Ross reported to the Security Council last month that, while there had been some progress between the two sides, negotiations effectively remain at a standstill.

The major obstacle remains Morocco's refusal to allow a referendum in the territory which would include an option of independence for the people of the Western Sahara. This has been provided for in a number of UN peace plans, and it is difficult to see that there can be any genuine self-determination without such a referendum. In his most recent report to the Security Council on the situation in Western Sahara, the UN Secretary General has suggested that the parties find a means to include respected representatives of a wide cross-section of the population of Western Sahara inside and outside the territory in the discussion of issues related to self-determination. SG Ban also urged both parties to identify and discuss governance issues as many of these issues can be discussed without reference to the final status of the territory. A resolution of some governance issues such as the structure of judiciary, the conduct of elections, or the design of education could help build trust between the two parties. I would encourage both parties to implement the Secretary General's recommendations as a means of making progress.

I would also encourage Morocco and the Polisario to collaborate with the United Nations High Commissioner for Refugees in the implementation of confidence building measures as progress on these issues could also help to improve the atmosphere for the political process. I welcome the parties' readiness to support the extension of the confidence-building measures programme by allowing people to travel overland for family visits and would encourage them to explore the possibility of enlarging the family flights visit programme further.

Ireland will continue its dialogue with both Morocco and the Polisario, through their representatives based here in Ireland, to encourage support for the UN Secretary General's good offices mission and the efforts of Personal Envoy Ross to achieve some measure of political progress and increased confidence between both sides.

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Independent)
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Question 108: To ask the Tánaiste and Minister for Foreign Affairs and Trade if his attention has been drawn to allegations that an Irish oil exploration company (details supplied) is working in Western Saharan territory; if his attention has been drawn to the fact that, according to an opinion by United Nations legal counsel, mineral resource activities conducted in Western Sahara under Moroccan auspices, without regard for the needs and interests of the persons of Western Sahara, would be illegal; if he proposes to take any course of action on this issue; and if he will make a statement on the matter. [35591/11]

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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The Government supports the right to self-determination of the people of the Western Sahara. Ireland has not taken a position on the future status of the territory, so long as that status is decided in a genuine exercise of self-determination. At present, the Western Sahara is a non-self governing territory. Under international law, the economic resources of a non-self governing territory may only be exploited for the benefit of the people of the territory, on their behalf or in consultation with their representatives.

The Government would expect that any Irish company operating abroad would have due regard to the principles of international law and the rights of the inhabitants of the territory. I am aware that an Irish registered company is engaged in exploration activities in Morocco and Western Sahara. These projects have not yet advanced to exploitation stage. I would expect any Irish company operating in the Western Sahara to ensure that any economic benefit derived from its activities benefited all the people concerned and should be in full accordance with the principles of international law.

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