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Dáil Éireann debate -
Tuesday, 30 Jan 2001

Vol. 529 No. 1

Written Answers. - International Treaties and Conventions.

Michael D. Higgins

Question:

108 Mr. M. Higgins asked the Minister for Foreign Affairs if he will provide a list of the 25 multilateral treaties nominated by the Secretary General of the United Nations as a core group of treaties in connection with the millennium summit; the date on which Ireland ratified the treaty or the date on which Ireland will ratify the treaty in each case and in each case where the treaty has not been ratified; if he will provide a list of the Departments having significant responsibilities in connection with ratification in each case; if legislation is required in each case; the state of progress of such legislation; if a Dáil resolution is required in each case; and the current state of progress in relation to such resolution. [2226/01]

Brian O'Shea

Question:

118 Mr. O'Shea asked the Minister for Foreign Affairs if any reservation has been expressed by Ireland in relation to each of the core group of 25 multilateral treaties nominated by the Secretary General of the UN in connection with the millennium summit which have been ratified by Ireland; if so, the terms of the reservation in each case; if it will be withdrawn; and if so, when. [2229/01]

I propose to take Questions Nos. 108 and 118 together.

The list of the 25 multilateral treaties identified by the Secretary General of the United Nations in the context of the millennium summit as representative of the organisation's key objectives, is as follows:

Human Rights
1.The Convention on the Preservation and Punishment of the Crime of Genocide.
2.The International Convention on the Elimination of All Forms of Racial Discrimination.
3.The International Covenant on Economic, Social and Cultural Rights.
4.The International Covenant on Civil and Political Rights.
5.The Optional Protocol to the International Covenant on Civil and Political Rights.
6.The Second Optional Protocol to the International Covenant on Civil and Political Rights.
7.The Convention on the Elimination of All Forms of Discrimination against Women.
8.The Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women.
9.The Convention against Torture, and Other Cruel, Inhuman, or Degrading Treatment or Punishment.
10.The Convention on the Rights of the Child.
11.The Optional Protocol to the Convention on the Rights of the Child on involvement of children in armed conflicts.
12.The Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.
13.The International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families.
Refugees and Stateless Persons
14.The Convention relating to the Status of Refugees.
Penal Matters
15.The Convention on the Safety of United Nations and Associated Personnel.
16.The International Convention for the Suppression of Terrorist Bombings.
17.The Rome Statute of the International Criminal Court.
Disarmament
18.The Convention on Prohibition or Restrictions on the Use of Certain Conventional Weapons which may be deemed to be Excessively Injurious or to have Indiscriminate Effects (and Protocols).
19.Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices as amended on 3 May 1996 (with amended Protocol II).
20.The Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction.
21.The Comprehensive Nuclear-Test-Ban Treaty.
22.The Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction.
Environment
23.The Kyoto Protocol to the United Nations Framework Convention on Climate Change.
24.The Convention on Biological Diversity.
25.The United Nations Convention to Combat Desertification in those Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa.
Ireland has ratified or acceded to 17 of these 25 treaties, with six of these ratifications subject to reservations. An additional six treaties or conventions have been signed by Ireland and it is intended to ratify these treaties when all necessary procedures and legislation are in place. Procedures to accede to one further convention are at a very advanced stage.
The question of whether a Dáil resolution is required is usually considered in the final stages of the ratification process. The situation with regard to these 25 treaties is as follows:
Human Rights
1.The Convention on the Preservation and Punishment of the Crime of Genocide was ratified by Ireland on 22 June 1976 with no reservations.
2.The International Convention on the Elimination of All Forms of Racial Discrimination was ratified by Ireland on 29 December 2000, subject to the following reservation-interpretative declaration:
"Article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination provides that the measures specifically described in sub-paragraphs (a), (b) and (c) shall be undertaken with due regard to the principles embodied in the Universal Declaration of Human Rights and the rights expressly set forth in Article 5 of the Convention. Ireland therefore considers that, through such measures, the right to freedom of opinion and expression and the right to peaceful assembly and association may not be jeopardised. These rights are laid down in Articles 19 and 20 of the Universal Declaration of Human Rights; they were reaffirmed by the General Assembly of the United Nations when it adopted Articles 19 and 21 of the International Covenant on Civil and Political Rights and are referred to in Article 5 (d) (viii) and (ix) of the present Convention."
There are no plans to withdraw this reservation.
3.The International Covenant on Economic, Social and Cultural Rights was ratified by Ireland on 8 December 1989 subject to two reservations as follows:
"Article 2, paragraph 2
In the context of Government policy to foster, promote and encourage the use of the Irish language by all appropriate means, Ireland reserves the right to require, or give favourable consideration to, a knowledge of the Irish language for certain occupations.
Article 13, paragraph 2 (a)
Ireland recognises the inalienable right and duty of parents to provide for the education of children, and, while recognising the State's obligations to provide for free primary education and requiring that children receive a certain minimum education, nevertheless reserves the right to allow parents to provide for the education of their children in their homes provided that these minimum standards are observed."
There are no plans to withdraw these reservations.
4.The International Covenant on Civil and Political Rights was ratified by Ireland on 8 December 1989, subject to the following reservations:
"Article 10, paragraph 2
Ireland accepts the principles referred to in paragraph 2 of Article 10 and implements them as far as practically possible. It reserves the right to regard full implementation of these principles as objectives to be achieved progressively.
Article 14
Ireland reserves the right to have minor offences against military law dealt with summarily in accordance with current procedures, which may not, in all respects, conform to the requirements of Article 14 of the Covenant.
Article 19, paragraph 2
Ireland reserves the right to confer a monopoly on or require the licensing of broadcasting enterprises.
Article 20, paragraph 1
Ireland accepts the principle in paragraph 1 of Article 20 and implements it as far as it is practicable. Having regard to the difficulties in formulating a specific offence capable of adjudication at a national level in such a form as to reflect the general principles of law recognised by the community of nations as well as the right to freedom of expression, Ireland reserves the right to postpone consideration of the possibility of introducing some legislative addition to, or variation of, existing law until such time as it may consider that such is necessary for the attainment of the objective of paragraph 1 of Article 20."
There are no plans to withdraw these reservations.
5.The Optional Protocol to the International Covenant on Civil and Political Rights was acceded to by Ireland on 8 December 1989, subject to a reservation as follows:
"Article 5, paragraph 2
Ireland does not accept the competence of the Human Rights Committee to consider a communication from an individual if the matter has already been considered under another procedure of international investigation or settlement."
There are no plans to withdraw this reservation.
6.The Second Optional Protocol to the International Covenant on Civil and Political Rights was acceded to by Ireland on 18 June 1993 with no reservations.
7.The Convention on the Elimination of All Forms of Discrimination against Women was acceded to by Ireland on 22 December 1985, subject to seven reservations, three of which were subsequently withdrawn. The question of retaining the remaining four reservations is under review. These four reservations are as follows:
"Articles 11 (1) and 13 (a)
Ireland reserves the right to regard the Anti-Discrimination (Pay) Act, 1974, and the Employment Equality Act, 1977, and other measures taken in implementation of the European Economic Community standards concerning employment opportunities and pay as sufficient implementation of Articles 11,1 (b), (c) and (d).
Ireland reserves the right for the time being to maintain provisions of Irish legislation in the area of social security which are more favourable to women than men.
Articles 13 (b) and (c)
The question of supplementing the guarantee of equality contained in the Irish Constitution which special legislation governing access to financial credit and other services and recreational activities, where these are provided by private persons, organisations or enterprises, is under consideration. For the time being Ireland reserves the right to regard its existing law and measures in this area as appropriate for the attainment in Ireland of the objectives of the Convention.
Articles 16, 1 (d) and (f)
Ireland is of the view that the attainment in Ireland of the objectives of the Convention does not necessitate the extension to men of rights identical to those accorded by law to women in respect of the guardianship, adoption and custody of children born out of wedlock and reserves the right to implement the Convention subject to that understanding."
8.The Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women was ratified by Ireland on 7 September 2000.
9.The Convention against Torture, and Other Cruel, Inhuman, or Degrading Treatment or Punishment has been signed. The recent enactment of the Criminal Justice (United Nations Convention against Torture) Act, 2000, will enable Ireland to ratify the convention and it is hoped that this will take place shortly. A Dáil resolution will be required prior to accession to the convention.
The Departments of Foreign Affairs and Justice, Equality and Law Reform share responsibility for ratification.
10.The Convention on the Rights of the Child was ratified on 28 September 1992 with no reservations.
11.The Optional Protocol to the Convention on the Rights of the Child on involvement of children in armed conflicts was signed by Ireland on 7 September 2000 and ratification is under consideration by the Departments of Foreign Affairs and Defence which have responsibility for this.
12.The Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography was signed by Ireland on 7 September 2000 and ratification is under consideration by the Departments of Foreign Affairs, Justice, Equality and Law Reform, and Health and Children which have responsibility for this.
13.The International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families has not been ratified by Ireland.
The Department of Enterprise, Trade and Employment has primary responsibility. The Departments of Justice, Equality and Law Reform and Foreign Affairs also have responsibilities in this regard.
Refugees and Stateless Persons
14.The Convention relating to the Status of Refugees was acceded to by Ireland on 29 November 1956 subject to the following reservations:
"With regard to Article 17 the Government of Ireland do not undertake to grant to refugees rights of wage-earning employment more favourable than those granted to aliens generally.
The Government of Ireland undertake to give effect to Article 25 only in so far as may be practicable and permissible under the laws of Ireland.
With regard to Article 29(1) the Government of Ireland do not undertake to accord to refugees treatment more favourable than that accorded to aliens generally with respect to: Income Tax (including Surtax)."
There are no plans to withdraw these reservations.
Penal Matters
15.The Convention on the Safety of United Nations and Associated Personnel has not yet been acceded to by Ireland.
The Department of Foreign Affairs and the Department of Justice, Equality and Law Reform have responsibility for accession to this convention. The legislation necessary to give effect to the provisions of the convention in Irish law, the Criminal Justice (Safety of United Nations Workers) Act, 2000, was signed by the President on 28 June 2000. The Department of Justice, Equality and Law Reform will prepare a motion for the Dáil to approve accession to the convention.
16.The International Convention for the Suppression of Terrorist Bombings was signed by Ireland on 29 May 1998 but has not yet been ratified.
The Departments of Foreign Affairs and Justice, Equality and Law Reform are responsible for ratification. It is intended to ratify this convention when all necessary procedures and legislation are in place.
17.The Rome Statute of the International Criminal Court has been signed but not ratified by Ireland. Ratification is, however, a high priority for the Government.
The Departments of Foreign Affairs and Justice, Equality and Law Reform bear primary responsibility for ratification. The Constitution will have to be amended if Ireland is to ratify the statute. The Department of Foreign Affairs has asked the parliamentary counsel to the Government to draft the necessary legislation. Implementing legislation, which is the responsibility of the Department of Justice, Equality and Law Reform, will also be required. The issue of Dáil approval will be dealt with prior to ratification.
Disarmament
18.The Convention on Prohibition or Restrictions on the Use of Certain Conventional Weapons which may be deemed to be Excessively Injurious or to have Indiscriminate Effects (and Protocols) was ratified by Ireland on 13 March 1995. Ireland is also bound by the three protocols and there are no reservations.
19.Ireland is bound by the Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices as amended on 3 May 1996 (with amended Protocol II) since 27 March 1997. There are no reservations.
20.The Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction was ratified on 24 June 1996 and there are no reservations.
21.The Comprehensive Nuclear-Test-Ban Treaty was ratified on 15 July 1999 and there are no reservations.
22.The Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction was ratified on 3 December 1997 and there are no reservations.
Environment
23.The Kyoto Protocol to the United Nations Framework Convention on Climate Change was signed by Ireland, with all other EU member states and the European Community on 29 April 1998. Arrangements for ratification will be made in conjunction with ratification by the European Community and its member states and it is expected that this joint ratification will be facilitated by agreement on a number of matters at a resumed sixth Conference of the Parties to the Convention likely to take place in May 2001.
The Department of the Environment and Local Government has the primary role in preparations for ratification of the Kyoto Protocol. The Departments of Finance, Public Enterprise, Agriculture, Food and Rural Development, Enterprise, Trade and Employment, Marine and Natural Resources and Foreign Affairs also have significant responsibilities in relation to the requirements of the protocol.
24.The Convention on Biological Diversity was ratified on 22 March 1996 with no reservations.
25.The United Nations Convention to Combat Desertification in those Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa was ratified on 31 July 1997 with no reservations.
Question No. 109 answered with Question No. 90.
Question No. 110 answered with Question No. 89.
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