Dáil Éireann debate -
Tuesday, 23 Apr 2002

Vol. 552 No. 3

Written Answers. - Human Rights Abuses.

Bernard J. Durkan

Question:

67 Mr. Durkan asked the Minister for Foreign Affairs if the UN special court has the power and resources to deal with suspected human rights violations dating back to the legacy of the conflict in Sierra Leone; and if he will make a statement on the matter. [12581/02]

Minister for Foreign Affairs (Mr. Cowen)

It is my belief that the Sierra Leone special court will have both the power and the necessary financial, staffing and other resources to deal with the most serious violations of international humanitarian law dating back to 30 November 1996, the agreed date of commencement of its temporal jurisdiction. The UN Secretary General, the Sierra Leone Government and interested UN member states, including Ireland, have invested considerable effort and resources ensuring that the Sierra Leone special court will be able to carry out its mandate effectively.

In a letter to the President of the UN Security Council dated 26 December 2001, the UN Secretary General authorised the commencement of the operation of the special court for Sierra Leone, despite a shortfall in funding. Ireland attaches great importance to the special court, which is intended to ensure that there is no impunity for those most responsible for violations of international humanitarian law in Sierra Leone. We have pledged a total of €635,000 towards the costs of the special court over a three year period.

A planning mission comprising experts in all areas of the court's operation visited Sierra Leone from 7 to 19 January 2002 to discuss with the Sierra Leonean Government, non-governmental organisations and other bodies the practical arrangements for the establishment and operation of the court, including,inter alia, the question of premises, the provision of local personnel and services, and the launching of the investigative and prosecutorial processes. The planning mission concluded that despite the best efforts of those concerned, the resources required on the ground would either be in short supply or non-existent. It has, therefore, been decided that UNAMSIL, the United Nations Mission in Sierra Leone, will provide logistical support and support in the fields of personnel administration, finance, communication, transport and procurement to the operation of the special court on a cost reimbursement basis.

An agreement between the UN and the Government of Sierra Leone on the establishment of the special court was signed on 16 January during the planning mission visit to Sierra Leone. The agreement states that the special court will focus on "persons who bear the greatest responsibility for serious violations of international humanitarian law and Sierra Leonean law committed in the territory of Sierra Leone since 30 November 1996". The process of appointing a prosecutor, a registrar, judges and other personnel for the special court is at an advanced stage and we expect the UN Secretary General to announce the appointment of the prosecutor and registrar today.

The report of the planning mission was submitted by the Secretary General to the Security Council in early March. This report also examines the complementary but separate roles of the special court and the Truth and Reconciliation Commission provided for under the 1999 Lomé peace accord and established by the Sierra Leone Truth and Reconciliation Act, 2000. The establishment of both a special court and a Truth and Reconciliation Commission is a reflection of the need to ensure a minimum threshold of accountability for the most serious human rights violations committed during the civil war.

In summary, while the special court has not yet started to prosecute any cases, Ireland considers that it has the necessary mandate to try those most responsible for grave human rights violations in Sierra Leone since November 1996. Ireland has played its part in relation to the funding of the special court and is a member of the group of interested states for the special court. It would be my hope that other UN member states will respond generously to the Secretary General's request for additional funding.