Clare Daly (Dublin North, Socialist Party)
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Question 29: To ask the Tánaiste and Minister for Foreign Affairs and Trade noting the recent report of the UN Human Rights Council, International Commission of Inquiry on Libya which found no evidence of genocide or any organised civilian massacre by the pro-Ghadaffi forces in Benghazi or elsewhere in Libya from the beginning of the uprising until the fall of the regime, his views on whether UN resolution 1973 which was premised on the widespread and systematic attacks currently taking place in the Libyan Arab Jamahiriya against the civilian population, was based on fraudulent information provided to secure authorisation for the NATO attacks on Libya to enable the overthrow of the Libyan Government. [17165/12]

Eamon Gilmore (Dún Laoghaire, Labour)
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The Human Rights Council, in emergency session on 25 February 2011, established the International Commission of Inquiry on Libya. The Commission's mandate is "to investigate all alleged violations of international human rights law in Libya, to establish the facts and circumstances of such violations and of the crimes perpetrated and, where possible, to identify those responsible, to make recommendations, in particular, on accountability measures, all with a view to ensuring that those individuals responsible are held accountable". The International Commission of Inquiry on Libya issued its second and final report on 2 March 2012 which clearly states that "international crimes, specifically crimes against humanity and war crimes, were committed by Gaddafi forces in Libya," prior to and after UN Resolution 1973. In particular, it found that "acts of murder, enforced disappearance, and torture were perpetrated within the context of a widespread or systematic attack against a civilian population."

Of particular interest in relation to actions by the Gaddafi forces prior to UN Resolution 1973 was the Commission's finding that "Gaddafi forces engaged in excessive use of force against demonstrators in the early days of the protests, leading to significant deaths and injuries." The report continues: "the nature of the injuries indicates an intention to kill; the level of violence suggests a central policy of violent repression. These actions breach international human rights law as an arbitrary deprivation of life."

The report further finds "that the Gaddafi forces executed and tortured to death large numbers of prisoners in detention centres. Executions tended to occur immediately prior to retreats. During the armed conflict, this amounts to a war crime. Insofar as many of the detainees were part of the civilian population rather than captured fighters, the systematic and widespread executions constitute a crime against humanity."

In light of the findings of the International Commission of Inquiry, there is no reason to question the motives which underlay adoption of UN Security Council Resolution 1973 on 17 March 2011 and, in particular, the clear need to authorise all necessary measures to protect the civilian population in Libya. Only hours before the vote, Gaddafi said in a speech broadcast on radio and television in Libya that his forces would "show no mercy and no pity" to those in Benghazi who opposed his rule. Resolution 1973 demanded an immediate and complete ceasefire, authorised all necessary measures to protect civilians as well as establishment of a no-fly zone over Libya. On that basis, Ireland fully supported Resolution 1973 and urged that military action to enforce Resolution 1973 be implemented in a manner that was proportionate, avoided civilian casualties and fully complied with its terms.

Bernard Durkan (Kildare North, Fine Gael)
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Question 30: To ask the Tánaiste and Minister for Foreign Affairs and Trade the extent to which he and his colleagues at EU and on UN level have focused on the top ten worldwide primary locations of known acts of war, terror, human rights or other abuses resulting in starvation famine, genocide or murder by Governments of those attempting to overthrow such; if the international community has exerted sufficient positive influence in such situations particularly on the continent of Africa or in the context of the Arab Spring; if any new initiatives have been examined; and if he will make a statement on the matter. [17235/12]

Bernard Durkan (Kildare North, Fine Gael)
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Question 58: To ask the Tánaiste and Minister for Foreign Affairs and Trade the extent to which he and his EU colleagues continue to examine locations worldwide at which on-going war, famine, starvation, genocide, human rights abuses continue; the degree to which positive intervention can be arranged in such circumstances in the future having particular regard to past experience; and if he will make a statement on the matter. [17536/12]

Eamon Gilmore (Dún Laoghaire, Labour)
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I propose to take Questions Nos. 30 and 58 together.

As far as I am aware neither the European Union nor the United Nations produces a top ten list of countries in regards to the violations outlined by the Deputy.

In our foreign policy, which is expressed in direct contact with other countries or multilaterally through the EU, the UN, and other international bodies such as the Organisation for Security and Co-operation in Europe (which is chaired this year by Ireland), we are working to alleviate instances of war, terror, human rights or other abuses resulting in starvation famine, genocide or murder by Governments, and to enhance international peace and security.

Meetings of the EU Foreign Affairs Council provide regular opportunities at which to consider such events and the response of the EU and the wider international community to them. The EU has adopted Common Positions on certain countries, which attach priority to promoting human rights, democracy, good governance and the rule of law. The Council is also the body which takes decisions in relation to the EU's crisis management actions, such as the launching of new EU missions or significant changes to the 13 existing Common Security and Defence Policy (CSDP) missions - 10 of which are civilian operations.

The EU, the UN and the OSCE act as co-chairs of the Geneva discussions, which is the forum to resolve issues following the 2008 conflict in Georgia. The OSCE chairs the so called 5+2 talks on the Transdniestrian settlement process, and the EU acts as an observer. These talks seek to reach agreement on the status of Transdniestria and the first session of the 5+2 talks this year was held successfully in Farmleigh on 28-29 February.

Officials of my Department and the Department of Defence also hold regular discussions with like-minded countries, including in relation to the 9 different UN-mandated peace-keeping and peace enforcement missions on which members of the Defence Forces are currently deployed.

In Africa, addressing the problems faced by people living in areas of conflict and instability remains a huge challenge. These include the issues of the Al-Shabaab insurgency in Somalia, piracy off the coast of the Horn of Africa, the displacement of several hundred thousand people across the region, and an estimated 13 million people in need of emergency assistance. In response to the fragile political and humanitarian situation, the EU in November 2011 adopted a Strategic Framework to guide the EU's engagement in the region. EU and Member State engagement will be in support of both regional efforts, including through the Inter-Governmental Authority for Development (IGAD) and the African Union (AU), and national efforts to achieve lasting peace, security and justice, good governance based on the democratic principles of inclusion, the rule of law and respect for human rights.

The uprisings across the Arab world which started at the end of 2010 have been genuinely popular movements demanding reform, freedom and equality. These movements are promoting fundamental values such as freedom of expression, freedom of assembly, the right to a fair trial and freedom from torture. Ireland and its EU partners subscribe fully to what these movements are seeking to achieve. We will continue to provide them with both political and financial support.

Human rights concerns remain central to our foreign policy. Together with our EU partners, Ireland closely monitors the human rights situations in many countries, including post-conflict countries, throughout the world. We do this 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.

Ireland supports the use of the full UN human rights machinery in responding to human rights abuses, including supporting the role of UN Human Rights Treaty Monitoring Bodies, Special Procedures and Mandate Holders and the convening, where appropriate, of Special Sessions of the UN Human Rights Council. At the UN, 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.

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 Government is committed to the active promotion of full observance of universal human rights standards. Active participation in multilateral organisations including the EU, UN and the Council of Europe provides an opportunity for Ireland to voice its concerns regarding human rights abuses. Through these organisations, international pressure can be brought to bear on those responsible for violation of human rights. Ireland will continue to use these mechanisms as a means of highlighting violations of human rights and furthering their protection.