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Dáil Éireann debate -
Thursday, 30 May 1996

Vol. 466 No. 3

Written Answers. - Bosnian Prisoners and Refugees.

Michael McDowell

Question:

11 Mr. M. McDowell asked the Tánaiste and Minister for Foreign Affairs his views on the recent UN report that seven Bosnian Muslim survivors from Srebrenica had been handed over to the Serb authorities in Zvomik where they were very severely beaten by the Serbs and are still being detained, after they had surrendered to a United States army unit of IFOR on 10 May 1996. [11265/96]

Desmond J. O'Malley

Question:

21 Mr. O'Malley asked the Tánaiste and Minister for Foreign Affairs if the Government supports the right of displaced persons from Bosnia to vote in their 1991 areas of domicile, either in person or by postal ballot, in the forthcoming Bosnia elections; and if so, the way in which the Government will implement this, particularly during Ireland's forthcoming Presidency of the EU and ensure, for example, that postal balloting will not jeopardise the legal refugee status of the thousands of Bosnians scattered throughout Europe. [11264/96]

Michael McDowell

Question:

25 Mr. M. McDowell asked the Tánaiste and Minister for Foreign Affairs the concrete steps, if any, that can be taken by the EU mediator or by IFOR to facilitate the return of refugees to their homes in view of the recent killing of Bosnians visiting their family graves in Serb-controlled territory in Bosnia. [11401/96]

I propose to take Questions Nos. 11, 21 and 25 together.

I fully share Deputy McDowell's concern about reports that seven Bosnian men were mistreated in custody after they were handed over to the Bosnian Serb police on 10 May. The facts of this incident are not yet clear, and are still being investigated by the International Police Task Force (IPTF). According to the information I have obtained, the seven men came to be in IFOR custody following an apparent shooting incident in which they were involved in the Republica Srpska — the Bosnian Serb entity of Bosnia and Herzegovina. The men were armed and wearing military uniforms and, as such, were considered by the IFOR unit to be in breach of the Peace Agreement being as they were on the Serb side of the Inter Entity Boundary Line. IFOR, under the terms of the Peace Agreement, acted correctly in transferring custody of the men to the local authorities. The evidence indicates that the men were mistreated while in the custody of the local authorities. This is a matter of grave concern, as is the fact that the International Police Task Force was initially refused access to the detainees. The latest information to hand is that the men have been transferred to another area of the Republica Srpska, Bijeljina. They are reported to be under investigation for a number of serious offences including murder. The men are now being visited regularly by officers of IPTF and have also received medical attention. Efforts to clarify the circumstances in which the men were arrested and injured are continuing and I and my officials will continue to monitor developments in this case closely.
On the issue of voting rights for refugees and displaced persons, the Government fully supports the rules and regulations which have been adopted by the Provisional Election Commission and the OSCE for the holding of elections in Bosnia and Herzegovina. Under these rules, Bosnian citizens are entitled to vote in their 1991 place of domicile, either in person or by absentee vote. The Government, both nationally and as a member of the EU, and later this year as Presidency, will do everything possible to ensure that this right is honoured. With regard to Bosnian citizens living in Ireland, the refugee agency has already been in contact with the OSCE and is making preparations to facilitate voting in Ireland for these refugees. My Department, and the refugee agency are also maintaining close contact with the Office of the United Nations High Commissioner for Refugees and will be facilitating any refugees who may wish to return to Bosnia and Herzegovina.
UNHCR has been given the lead role under the Peace Agreement in relation to ensuring the return of refugees and displaces persons. In order for that agency to achieve its aims, prime responsibility lies with the parties to the Peace Agreement, particularly the Bosnian Federation authorities and the Republica Srpska authorities, to ensure freedom of movement. The international community has a role in maintaining pressure on the local authorities to co-operate and the international Implementation Force (IFOR) has a role in ensuring that physical obstructions, such as illegal roadblocks and checkpoints, do not impede refugees and displaced persons from exercising their right to return. There are other physical aspects which prevent returns in certain cases, including the presence of landmines and the destruction of property. Through support for the UN de-mining efforts and the international reconstruction effort, the Government and the EU is assisting in these areas.
Progress in relation to the return of those displaced has been slower than expected. A meeting to review this activity, at which the Government was represented, was held in Geneva earlier this month. On that occasion, the High Commissioner for Refugees, Mrs. Ogata, identified psychological and political, rather than physical obstacles as the main impediments to greater progress. Fear and a lack of confidence are, in the High Commissioner's opinion, the two major single factors affecting the rate of voluntary return. The High Representative and EU mediator, Mr. Carl Bildt, is working tirelessly to ensure that local conditions improve in order to enable more displaced persons to return. Many international agencies active on the ground, including IFOR, the International Police Task Force, the European Community Monitor Mission and the Red Cross are also involved in efforts to this end. The Government, both now and during our term as EU Presidency, will continue to support these efforts.
The recent incidents in which violence occurred while displaced persons were attempting to pay return visits to their home areas are a matter of great concern, particularly the incident to which the Deputy refers in which two lives were lost. Such incidents serve to increase the fear and lack of confidence which has delayed returns. The blame for this lies with those who orchestrate such incidents in order to consolidate ethnic divisions. In this regard the Government share the view of Mrs. Ogata and the High Representative that there must be international resolve to insist that the parties show the political will to fully abide by the provisions of the Peace Agreement. There must be respect for full freedom of movement, including particularly the right of return to refugees and displaced persons. The Government fully supports the UNHCR plans for organising return visits for refugees, including continued assessment visits to areas where the refugees are in the ethnic minority.
It is UNHCR's assessment that conditions do not yet exist for the lifting of the temporary protection status under which refugees from Bosnia and Herzegovina have been accepted in third countries. The Government is of the view that these refugees should continue to enjoy protected status in third countries while also having the right to return if they so wish. Ultimately, it is our aim that conditions should be created in Bosnia and Herzegovina which will enable as many refugees as possible to return voluntarily, free from fear or the threat of intimidation.
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