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Dáil Éireann debate -
Tuesday, 4 Apr 1995

Vol. 451 No. 5

Ceisteanna — Questions. Oral Answers. - Human Rights Monitoring.

Liz O'Donnell

Question:

23 Ms O'Donnell asked the Tánaiste and Minister for Foreign Affairs the steps, if any, the Irish Government has taken to contribute to the review of the United Nations in view of the need for the United Nations to satisfactorily monitor human rights abuses and war crimes tribunals in Yugoslavia and Rwanda; and if he will make a statement on the matter. [6734/95]

Ireland is actively contributing to the general debate on the future of the United Nations. When I addressed the General Assembly on 28 September 1994 I made a number of specific proposals relating to human rights. These included a call for an effective system of monitoring and adjudicating on human rights violations. I proposed the development of a standing team of human rights monitors reporting to the UN High Commissioner for Human Rights. I also repeated my view that the international community will have failed to learn the lessons of the former Yugoslavia and Rwanda unless a permanent international criminal court is established.

Ireland is participating in the ad hoc committee of the General Assembly currently meeting in New York to consider arrangements to convene an international conference to establish such a court.

We supported the establishment of the ad hoc tribunals for the former Yugoslavia and Rwanda. Although the Government shares the view of our European Union partners that the tribunals should be funded through the regular budget of the United Nations, we have also made voluntary contributions to the work of both tribunals. In the General Assembly we have, together with out European partners, pressed for early agreement on a secure financial basis for these tribunals.

Ireland was instrumental in the negotiations which led to the appointment of the UN High Commissioner for Human Rights, Mr. Ayala Lasso, in April 1994. We welcomed the High Commissioner's prompt response to the crisis in Rwanda and contributed £50,000 in October 1994 to his emergency human rights field operation in Rwanda for the deployment of human rights monitors. We will shortly make another contribution of £50,000 for the same purpose.

I am pleased to note that the team of 40 EU human rights monitors who are currently deploying to Rwanda in support of the High Commissioner's operation is led by an Irishman, Brian McKeown, who was nominated by the Government.

During the recent session of the Commission on Human Rights in Geneva, the Minister of State, Deputy Burton, also announced that the Government will double its contribution in 1995 to the UN Voluntary Fund for Technical Co-operation in the field of human rights to £60,000. This fund is an important resource available to the High Commissioner and the UN Centre for Human Rights for preventative action in the field of human rights in countries such as Burundi, which has been threatened with a tragedy similar to that of Rwanda.

I thank the Minister for his comprehensive response. He referred to the ad hoc groups set up and his recommendation that there should be a permanent international court for war crimes. Has any person been brought to justice for the genocide and other war crimes committed in the former Yugoslavia and Rwanda or are we still at the recommendation and aspirational stage in setting up international tribunals to bring people to justice? Does the Minister agree that to facilitate reconstruction and reconciliation of the peoples of the former Yugoslavia and Rwanda it is vital that the criminals are named and brought to justice?

I accept what the Deputy says. It is not a question of semantics. It is pointless setting up a court, whether on an ad hoc or temporary basis, unless it carries out the functions with which it is seized. I do not have the information the Deputy seeks, but I will supply her with it. I am aware that work in tracking down those accused of heinous crimes has been very slow, in some cases involving extradition from other countries. As I stated in my reply, we want to establish a permanent international court with the power to investigate and prosecute. Until that happens we will be frustrated in our attempts because, in cases such as Rwanda and the former Yugoslavia, it will take a great deal of time and effort to establish courts to deal with the crimes. A permanent international criminal court with the necessary machinery and resources would be much more effective than the present system.

While I accept the Minister stated that European Union human rights monitors are led by an Irish person, does he not agree that this is an opportunity for Ireland to take the lead? Is it not an opportunity for us, as our President has done in other fora, to take the lead in human rights terms and offer leadership to those countries economically even stronger than ours? If nobody has been brought to trial for genocide and war crimes, will the Tánaiste raise this with the UN at the earliest possible opportunity?

We have taken a lead. At the UN Assembly last year I made a specific call for an effective system of monitoring and adjudicating on human rights violations. That was repeated in Vienna last year. Likewise, we supported the call for setting up a permanent court. When I get information I will make it available to the Deputy and, at the earliest opportunity, we will pursue our ultimate ambition to have an international court established.

I share Deputy O'Donnell's concern that the machinery should be set up, but there is no evidence of action. I realise it is often difficult to capture known criminals, whether in Rwanda or Yugoslavia. Would it not be possible, as was done after the Second World War, to conduct trials in the absence of the accused, as was done in the case of Klaus Barbie who was eventually found and caught?

I have found information which I saw earlier today. On 13 February, the Tribunal for the former Yugoslavia charged 21 Serbs with war crimes and crimes against humanity at the notorious Omarska prison camp in Northwest Bosnia. The 21 defendants include the camp commander, Mr. Meakic, and trials are expected to start in the spring. So far, unfortunately, only one of the 21 accused, Dusan Tadic, is in custody — in Germany. The other suspects are believed to be at large in Serb-controlled areas in Bosnia. The Bosnian Serb Leader, Dr. Radovan Karadzic, has said that his forces will not hand suspects over to the tribunal and this is a serious obstacle to its work. With our European partners we will seek to ensure that justice is not obstructed.

The last point raised is one which should be considered in the context of a permanent international court of justice, something we are working towards.

What further steps might the Tánaiste take to ensure the speedy establishment of a permanent international court? I welcome his statement that he has pursued this in the past but I am anxious to know what he might do from now on.

We can seek to persuade our European Union partners to join us in ensuring that there is a permanent court established. The opportunity will arise again during the preparations for the UN General Assembly in September, when we will give a lead in that regard.

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