On the last occasion the House debated human rights issues, we were marking the 50th anniversary of the United Nations Universal Declaration of Human Rights. That milestone gave us an opportunity to rededicate ourselves to the principles of the declaration and to reaffirm that human rights are the birthright of all human beings. We acknowledged once again that the promotion and protection of these rights is the first responsibility of every government.
Since then I have taken part in consultations and dialogues at bilateral and multilateral level on human rights issues in different parts of the world. It is clear that we need to do more to alleviate the suffering, address the wrongs and remove forever the cloak of impunity from the violators of human rights. We do not have to wait to be told where and when to act.
On our own continent of Europe a human tragedy is unfolding which both shames us and presents us with a true test of our commitment to human rights. What is the point of having all of the international human rights instruments which have been signed and ratified by most countries of the world when every right enunciated in them is being grossly violated in Kosovo? This is a question every government of the free world has to ask itself at this time.
Human rights are a declared policy priority of this Government. Have we matched our words with deeds in our response to the Kosovo crisis?
While I strongly support the efforts being made as we speak at political level to try to resolve the crisis in the Balkans, I am very much aware of the nprecedented humanitarian challenges which face us and which will continue to face us over the coming months, regardless of the political outcome. I saw the squalid conditions in the camps during my visit to the Former Yugoslav Republic of Macedonia last week. Dispossessed men, women and children were doing their best to cope with dignity in hot, overcrowded tents with inadequate sanitation. Whatever the political outcome, the international community will have to continue to provide for the immediate needs of the thousands of people who have been denied the most basic of human rights and are living in the most difficult conditions in the countries bordering Kosovo, where up to 700,000 men, women and children are in camps or with host families.
In addition to purely humanitarian concerns, it is imperative to demonstrate solidarity with states like the FYROM and Albania, which are bearing the brunt of the consequences of the refugee crisis in Kosovo. While our overriding priority has to be a political settlement, the needs of the refugees must be met for as long as is necessary. In this connection, I am seeking to have funds – 25 million euros – earmarked for the FYROM by the European Union, released by the European Commission as soon as possible. The FYROM is carrying a disproportionately heavy burden and it is in the interest of all of us who wish to see stability return to the region that we deliver assistance to that vulnerable country with the minimum delay.
We have also to start planning now for the harsh Balkans winter where the temperature can sink as low as minus 20º Celsius. Winter accommodation must be planned for now for the hundreds of thousands of refugees in Albania and the FYROM.
Although only limited access inside Kosovo has been allowed to the International Committee of the Red Cross and a United Nations assessment team, there is no doubt that conditions there are appalling. The High Commissioner for Human Rights, in her report on Kosovo, referred to the suffering of those who remain. Certain villages within Kosovo have become the refuge for large numbers of internally displaced people. Food is lacking, sanitation is poor and medical services almost non-existent. In its conclusions, the High Commissioner's report calls on the FRY authorities to end human rights violations and withdraw all army and paramilitary police units from Kosovo; calls on all concerned to intensify political negotiations; calls on NATO to respect the principles of international humanitarian law "including the principle of proportionality"; calls on the FRY authorities to facilitate the work of humanitarian agencies in assisting internally displaced persons in Kosovo; welcomes the indictment of Milosevic and four other Serb leaders as a "major step" in the process of tackling impunity, urges increased efforts in support of refugees and internally displaced persons in the region and underlines the need for the refugee burden "to be shared among more countries"; and stresses the essential role of human rights work in any search for durable solutions.
In the light of my experiences during my visit to the refugee camps in the FYROM, I fully endorse the High Commissioner's conclusions. We should also bear in mind, however, in a situation where only high profile cases are likely to come before the International Criminal Tribunal for the former Yugoslavia, the role which human rights rapporteurs and treaty monitoring bodies can play in addressing violations. The Special Rapporteur for Executions has recently returned from the region and the Special Rapporteur for Violence Against Women is planning a visit shortly. Information collected through human rights de-briefings is being directed to relevant UN human rights mechanisms. The High Commissioner has also been careful to leave open the possibility that the Commission on Human Rights might convene a special session to consider events in Kosovo. This possibility was briefly discussed at a meeting yesterday in Geneva where our Permanent Representative to the UN, Anne Anderson, who would chair any special session, suggested that the matter be kept under review, bearing in mind the need for clarity on the possible outcomes of such a session.
We have all been shocked and outraged at the suffering inflicted on the people of Kosovo by the governments of the Federal Republic of Yugoslavia and Serbia. The scale of indiscriminate force and callousness unleashed by their security forces and on their orders is a terrible mark on the end of this century, and an ominous warning that such actions have to be brought to an end if we are to face a better world in the new millennium.
While such barbarity and cruelty is not confined to Europe, the fact that, in the case of Kosovo, it is occurring on our doorstep should, I hope, dispose of any sense of distance and complacency, not that we did not have earlier proof and warnings of the scale of inhumanity existing in our midst through the terrible example of Bosnia.
We have been further dismayed to see, so far, the failure of the United Nations to forcefully and constructively address this problem. No less a person than the Secretary General, Mr. Kofi Annan, has criticised the "hopelessly divided Security Council" and the "capricious" way that members of the Council, including members with permanent seats, have used their votes and thereby failed to live up to their responsibilities.
At the recent annual session of the UN Commission for Human Rights, the Secretary General spoke forcefully on this subject and clearly spelt out the primary concern which that organisation must have for humanitarian issues. He reminded the world that when people are suffering through war, and the cruelties and mass terror inflicted on civilian populations by military forces, they must have a forum which will be responsive to their calls for defence and assistance.
Human rights and humanitarian principles have been codified, but that is not enough. It is important that these codes be implemented, and the work to achieve this has to be carried out on different levels.
The first and most important level is putting an end to the culture of impunity. Nobody, no matter how high his position, should feel he can carry out any act at will. Criminal justice provides a deterrent. That is why the International Criminal Court, of which the statute was adopted in Rome last year, is so important. However, that court will not be brought into existence until the statute has been ratified by the necessary number of states.
The excesses carried out in Rwanda and the former Yugoslavia were such that the United Nations established ad hoc tribunals to prosecute and punish those guilty of war crimes. The jurisdiction of the tribunal for the former Yugoslavia covers Kosovo. The European Union, in a declaration following the indictment of the FRY President Milosevic and other FRY leaders, pledged its continuing support for the work of the tribunal. It stated:
We are all obliged to co-operate with the Tribunal. Our obligations to the Tribunal will remain unaltered by the outcome of the Kosovo crisis.
The United Nations Population Fund's (UNFPA) Assessment Report on Sexual Violence in Kosovo documents the systematic use of rape and abduction as part of a strategy to degrade and expel a whole people from their land. We must use the evidence of this report, first, to develop a programme of comprehensive assistance for the victims of these unspeakable acts of violence, and, second, to ensure their ordeal is not forgotten or set aside and bring those violators to justice.
The recent Council of Development Ministers of the EU affirmed the high priority accorded to the quick return of the refugees in safety and dignity. At the same time, we underlined the importance of substantial and effective responses to the humanitarian needs caused by the crisis. Substantial additional funding will be required. Ireland has already contributed £2.6 million in humanitarian assistance to the region, and the Government agreed this week to seek Oireachtas approval for additional funds of £6.39 million. A total of £6 million is being sought to allow us to continue to respond to this and other emergencies which may arise over the remainder of the year. The rest will be used to bolster the resources of the Refugee Agency, under the aegis of the Department of Foreign Affairs, to help it implement Ireland's refugee evacuation programme. A technical team from Irish Aid will visit the region later this month to monitor the funding already disbursed and to develop proposals for future assistance.
The response of the Irish public, as distinct from the State, has been tremendous with Irish agencies receiving at least £6.8 million in voluntary contributions since the start of the crisis. This is a measure of the generosity of ordinary Irish people in the face of such a crisis.
Apart from the provision of humanitarian assistance, a very important part of the Government's response to the tragic circumstances of the refugees is participation in the UNHCR's emergency evacuation programme. We made an initial commitment to receive 1,000 refugees and upwards of 700 will have arrived by later today – a flight will arrive in Farranfore this evening. Two more flights over the next fortnight will bring the figure to around 1,000. The refugees are being accommodated in various locations around the country, including the decommissioned Army barracks in Kildare and a number of privately owned centres in the south. Overall the welcome given to the refugees has been outstanding and offers of support and hospitality continue to be received from local communities.
There has been an unprecedented and unique team effort on the part of Departments, local authorities and health boards. Public services, local authorities and individuals have rallied around to ensure that refugees who arrive in this country are given a very warm, genuine welcome and are provided with the care and services they need. I have been hugely and genuinely impressed by the efforts made by all involved in the evacuation programme – from our teams on the ground in the FYROM to those involved in providing accommodation and care for the refugees around the country.
In the short time since they arrived, refugees have already begun to take an active part in their local communities. Some have taken up employment, mothers with children have joined mother and toddler groups and some children have started swimming lessons and have been introduced to GAA games. Language classes are commencing for adults with a separate summer programme for children who will attend local primary schools in the autumn. We can be proud of our response in this humanitarian emergency so far and we will continue to provide the necessary resources to ensure the highest standard of care and assistance for refugees in this country.
The UNHCR has filled 73,000 of the 135,000 places offered by a large number of countries and expects to evacuate a further 40,000 over the next few weeks. We are in constant contact with the UNHCR which is reviewing the humanitarian evacuation programme in light of arrivals and conditions in the camps, particularly those in Albania and Macedonia. Ireland will be ready to respond immediately to a further request to take additional refugees and plans are being put in place to that end in terms of accommodation.
East Timor is another area which has seen appalling violations of human rights but there is some reason for guarded optimism. During the visit of the Portuguese President, we made clear our support for and gratitude to Portugal for what has been achieved as a result of the agreement with Indonesia signed in New York on 5 May. We have always been sympathetic to the plight of the people of East Timor and recognise that the latest positive developments would not have been possible without the principled stand taken by Portugal over many years. We hope that the people of East Timor will soon be able to freely exercise their right to self-determination.
However, the level of violence in the territory perpetrated by armed militias remains alarmingly high. During his visit to Dili in April, the Minister for Foreign Affairs, Deputy Andrews, experienced at first hand the brutality of the armed militias against the local population and the indifference of the Indonesian authorities to the violence taking place around them. Upon returning to Jakarta, he immediately contacted the Indonesian Foreign and Defence Ministers to register his deep concern and to demand action to bring an end to the violence. Before he left Jakarta, the Minister also conveyed his views by telephone to the UN Secretary General, Kofi Annan, and to the Portuguese Foreign Minister, Mr. Gama. There is little doubt that the Minister's visit and actions helped to bring the issue to a negotiated settlement.
We must now address the task of reconciliation between the people of East Timor. This has to be a priority if lasting peace is to be achieved. Everything possible must be done to avoid the risk of further death and destruction, even if that might lead to some delays in the current plan for the consultation process. The EU and its member states must do all they can to assist the people of East Timor at this critical time. We are fully supportive of the proposed EU joint action and other proposals for providing substantial humanitarian and other assistance to the Timorese people and believe that the EU Commission's current proposals for aid to East Timor should be expanded.
Ireland hopes to be in a position to offer police officers as well as financial assistance to the UN trust fund which will oversee the consultation process scheduled to take place on 8 August. A contribution of £50,000 has already been made to the human rights and democratisation fund which is part of the Irish aid budget.
Other areas of the world provide ongoing cause for concern and, all too rarely, some grounds for satisfaction. The Middle East region has all these ingredients. The lack of transparency and openness in the conduct of Algerian affairs remains a grave concern to the international human rights community. The elections in April of this year, which were to be fair and democratic, turned out to be a serious disappointment. I was quite disheartened by the fact that six opposition candidates felt compelled to withdraw from the campaign before election day. Without the approval of the Algerian Government there was no possibility of sending international observers to ensure that the elections were fair and above suspicion. This lack of transparency is further evidenced by the Algerian Government's failure to allow visits by UN special rapporteurs on extra-judicial killings and torture. Numerous observers, including the committee on human rights, have expressed revulsion at the widespread massacre of men, women and children in a great number of villages and towns.
As a party to the International Covenant on Civil and Political Rights, Algeria is required to ensure that independent mechanisms are set up to investigate all violations of the right to life and the security of the person, that offenders be brought to justice and that access be given to independent observers. Without full respect for human rights by all sides, there is little hope of bringing stability to Algeria and of resolving this bloody dispute which has claimed the lives of more than 65,000 people since violence erupted in early 1992.
It is also true that, while efforts are being made to mediate between both sides in the Middle East peace process, there is evidence of a failure by the Israelis and the Palestinians to observe strict human rights standards. It is worth noting that the human rights committee last year noted the democratic nature of Israeli society but, at the same time, regretted that the fourth Geneva convention had not been incorporated into Israeli law. The committee pointed to the Israeli failure to apply the covenant in the occupied territories and expressed serious concern over what it called "deeply imbedded discriminatory social attitudes, practices and laws against Arab Israelis". The committee added that it was concerned by the number of Palestinians killed by the security forces in the occupied territories and about the draft law which denies Palestinians compensation for excesses committed by members of the Israeli security forces.
The committee also expressed concern about the policy of confiscating lands from Palestinians and about the guidelines for the conduct of the interrogation of suspected terrorists which allow the use of "moderate physical pressure". I hope that the election of Labour leader, Ehud Barak, once he has formed a government, will bring about an improvement in this respect.
The Palestinian Authority has been accused of detention without charge of suspects against whom it has found insufficient evidence. At the end of August, two policemen were executed just 24 hours after a guilty verdict had been announced in their trial for murder. Earlier this year, the EU expressed concern about such arbitrary political arrests and noted that Amnesty International had documented human rights violations committed by numerous Palestinian security services in the areas under the Palestinian Authority's jurisdiction. These violations ranged from the use of torture and unlawful killings to the failure to adequately investigate violations and the arrest of journalists and human rights defenders.
A country in which much welcome progress is being achieved is the Islamic Republic of Iran. The reforms which President Khatami has expressed a desire to implement, including the cultivation of a tolerant, diverse and law abiding society, are very welcome and were acknowledged in March by the Commission on Human Rights in Geneva. Perhaps the development which best signifies this new era in Iran was the lifting in September last year of the fatwa against the writer Salman Rushdie.
There is still cause for concern regarding the treatment of the Baha'i in Iran. Ireland is fundamentally opposed to capital punishment. However, in common with our EU partners and with human rights organisations, Ireland would wish to ensure that in Iran, as in other countries where capital punishment remains on the statutes, such a sentence would only be imposed on conviction for very serious crimes. We would be concerned where, in disregard of the provisions of the international covenant on civil and political rights and the UN safeguards, executions are carried out in cases involving apostasy.
Nonetheless, the reformist aspirations of President Khatami since his election ought to be recognised. In particular, I welcome his statements about the need to review laws and attitudes which discriminate against women. The participation of women in elections this year in Iran, including the election of President Khatami's sister, indicates that this is being put into practice.
In this brief review of human rights issues, we should also look closer to home. It is now a little over a year since the people of Ireland, North and South, gave their overwhelming support to the Good Friday Agreement and the way forward in partnership that it represents. As we approach the 30 June deadline which was set by Prime Minister Blair for the achievement of devolution, there has inevitably been considerable focus on the areas of the agreement where progress has not been as we would have wished it to be – on the institutions and the fact that they have yet to come into being. While such a lack of progress is both disappointing and deeply frustrating for all concerned, it is important that it should not cause us to overlook the work that has been successfully progressing in other areas.
The Good Friday Agreement is based on the principles of partnership, equality and mutual respect. It states that the governance of Northern Ireland:
shall be exercised with rigorous impartiality on behalf of all of the people in the diversity of their identities and traditions and shall be founded on the principles of full respect for, and equality of, civil, political, social and cultural rights, of freedom from discrimination for all citizens and of parity of esteem and of just and equal treatment for the identity, ethos and aspirations of both communities.
The human rights and equality agenda, so central to the agreement, is essentially about fairness and inclusivity. The creation of a society with these principles at its core is part of the great challenge with which we are faced.
There can be no doubt that unfairness and inequality fuelled unrest in Northern Ireland. Violations of human, civil and political rights in the North led to the establishment of the civil rights movement over 30 years ago and caused deep alienation of the Nationalist community in particular. Catholics were faced with real and structured discrimination on a large scale in areas such as housing, employment and voting rights. Equally, there can be no doubt that the totally inadequate response of the then Government of Northern Ireland to legitimate demands for justice and equality at that time had a profoundly destabilising effect on Northern Ireland society.
It alienated many young people, fuelling an anger which all too easily spilled over into violence. The long dark years of conflict were a serious detriment and obstacle to the cause of rights and equality. The decades of violence which the people of the North had to endure saw the equality issue neglected and pushed to one side, postponing the vital action which was urgently needed to deal with deep political grievances.
The peace process provided a space for a new focus to be brought to bear on rights and equality issues. They constituted a central element in the negotiations which led to agreement on Good Friday, 1998. All participants recognised that any agreement to be workable would have to deal seriously with the equality agenda. The agreement, containing an entire chapter devoted to rights, safeguards and equality of opportunity, represents a powerful statement by the two Governments and the parties about their serious desire to address these issues in a meaningful way.
The task of implementing the agreement involves not only the creation of the political institutions that it provides for but also the building of the society which it envisages. It is my argument that, particularly on the human rights front, we have taken real and significant steps in that direction in the past year. In the North, a Human Rights Commission is up and running and stands ready to make a significant contribution to bringing about the new beginning which the agreement promised to the people of this island. Part of its vital work will include drawing up a Bill of Rights for Northern Ireland.
I welcomed the appointment of Professor Brice Dickson as chief commissioner in March of this year. He and his fellow commissioners are going about their work in an imaginative and creative way. A man of considerable reputation and ability, he has voiced his desire, which I share, to make the commission a people's commission relevant to the concerns of every person. The commission is at present engaged in a public consultation exercise to ensure that this is the case.
In drawing up the specifications for our own human rights commission – work is well advanced on the legislation to bring it into being – we must approach our task with the same level of commitment and creativity. While we have an obligation under the agreement to ensure that our commission has a mandate and remit equivalent to that of the Northern Ireland commission, this should be a minimum requirement, not a target we set ourselves. We can and should go further.
As the Taoiseach suggested, in empowering our commission we should endeavour to establish a body that will be a model of its kind in Europe, an example that people in other countries would look to when establishing their institutions. In taking the guidelines laid down by the United Nations, the Paris Principles, as our point of departure, we should set, not follow, standards for international best practice in the field. Furthermore, our commission should draw together people from all backgrounds who have demonstrated a firm commitment to human rights and who have a real contribution to make to a just society. It should be inclusive and reflect the make up of our community in all its diversity. It goes without saying that in establishing the commission we should ensure that it is equipped with the tools it requires to carry out its task efficiently and effectively.
Significant progress has been made towards implementing other rights and equality aspects of the agreement. On 7 May, in keeping with our obligations under the agreement, Ireland ratified the Council of Europe framework convention on national minorities coinciding with the 50th anniversary celebrations of the Council. An interdepartmental working group is following up the Government's commitment under the agreement to further strengthen and underpin the constitutional protection of human rights. These proposals will draw on the European Convention on Human Rights and other international instruments in the field of human rights. The question of the incorporation of the ECHP is being further examined in this context.
The Minister for Justice, Equality and Law Reform has set September next as the target date for implementation of the Employment Equality Act, 1998, and infrastructure to underpin the legislation – the Equality Authority and the Office of the Director of Equality Investigations – is being put in place. The Equal Status Bill is also making legislative progress. In the North, work is proceeding towards the establishment of a new equality commission. I look forward to it working to combat discrimination across a range of categories, including gender, race and sexual orientation as well as combating religious discrimination.
The agreement was about creating a new beginning, one which has at its core a dynamic rights and equality culture. For the Nationalist community in particular, demonstrable progress on these issues will be as vital a sign as progress on the institutional aspects that a future built on justice and equality is being achieved. However, the issues of human rights and equality are important for everybody in Northern Ireland – Unionist and Nationalist, Catholic, Protestant and dissenter. They are not just part of a Nationalist agenda. That was always clear throughout the negotiations. We are all stakeholders in this part of the agreement. While much remains to be done to achieve this, I am pleased with the progress to date and I am both personally and professionally committed to ensuring that we continue to build actively and urgently on it.
Unfortunately, any review of human rights issues will have to conclude that people continue to suffer appalling abuses almost everywhere. We cannot act to put right what we have neglected to do in the past. What we can do is ensure that we are not found wanting when we have the opportunity to act for the good of our fellow human beings. Human rights vigilance is not just a matter of international affairs. It must include protection of the individual human rights of our own citizens, including our prisoners, travellers and refugees. I welcome much of the progress made on that front over the past few years.
