Written Answers. - Human Rights Abuses.
Michael Creed
Question:
126
Mr. Creed
asked the
Minister for Foreign Affairs
the consideration, if any, given by the Government to instituting legal proceedings against the countries of origin under the European Convention of Human Rights where these countries have signed up to this convention in view of the influx of asylum seekers and refugees.
[2232/00]
Liam Lawlor
Question:
128
Mr. Lawlor
asked the
Minister for Foreign Affairs
the plans, if any, he has to institute proceedings against Romania under various articles of the European Convention on Human Rights in consultation with his EU colleagues; and if he will defer any deportation orders against Romanians until matters are clarified under the convention (details supplied).
[2408/00]
Jim O'Keeffe
Question:
129
Mr. J. O'Keeffe
asked the
Minister for Foreign Affairs
the situation in relation to human rights in Romania; the evidence, if any, in that country of breaches of the European Convention of Human Rights; and the response of Ireland and the EU to any breaches of the convention.
[2718/00]
I propose to take Questions Nos. 126, 128 and 129 together.
In the 1999 regular report from the Commission on Romania's progress towards accession to the European Union, including progress on human rights and the protection of minorities, the European Commission evaluated that Romania in general fulfils the Copenhagen political criteria, although this position will need to be re-examined if the authorities do not continue to give priority to dealing with the crisis in their child care institutions. Other areas which need particular attention, according to the Commission report, include the fight against corruption and, despite some positive developments, the situation of the Roma where, the Commission concludes, adequate budgetary resources should be made available and efforts should be made to fight discriminatory attitudes in society. The Commission will continue to evaluate the situation in Romania and will submit regular reports on progress achieved to the European Council.
The 41 member states of the Council of Europe are expected to fully honour the standards and values of the Council, including the protection of human rights and fundamental freedoms. The Council is active not only in monitoring compliance by its member states with its standards, but also in providing practical assistance to ensure that these standards can be achieved.
As a member state of the Council of Europe, Romania too has undertaken, in common with the other members of the Council, to accept the standards of the Council. Romania is also a party to the European Convention on Human Rights, the provisions of which provide for the protection of human rights and fundamental freedoms. Within the Council of Europe it is considered that Romania has made considerable progress towards the fulfilment of its obligations and commitments made on joining that organisation and continues to take steps to improve the functioning of democracy, respect for the rule of law and the protection of human rights.
Persons within the jurisdiction of a member state of the Council of Europe may lodge a complaint with the European Court of Human Rights. It is important to note that the European Convention on Human Rights provides that domestic remedies must be exhausted before a matter can be dealt with by the Court.
With respect to Article 33 of the convention, while that Article enables any party to the convention to refer any alleged breach of the provisions of the convention by another party to the European Court of Human Rights, such action would not be realistic nor is there any precedent for taking such action against a party to the convention in the absence of specific allegations, together with supporting evidence, of human rights abuses or other breaches of the convention.
With regard to the question of deferring deportation orders against Romanians, I cannot comment as the matter issub judice.
