Dáil Éireann debate -
Tuesday, 25 Mar 2003

Vol. 563 No. 4

Written Answers - Human Rights Abuses.

John Gormley

Question:

242 Mr. Gormley asked the Minister for Foreign Affairs if he has raised the issue of continuing police torture and ill-treatment in Serbia and Montenegro at any international bodies or with the Government of that country; and if he will make a statement on the matter. [7664/03]

Minister for Foreign Affairs (Mr. Cowen)

I refer to my reply to Question No. 172 of 5 March 2003. The Government is concerned at the persistence of allegations of police torture and ill-treatment in Serbia and Montenegro. The authorities in Belgrade are aware of our concern.

The state union of Serbia and Montenegro was proclaimed on 4 February 2003, in succession to the Federal Republic of Yugoslavia. Agreement on the formation of the state union was brokered by the European Union, which has strongly supported the establishment of the new federal institutions and the implementation of wide-ranging political and economic reforms. The improvement of the human rights situation in Serbia and Montenegro is an essential element of the reform process required for the further development of the country's relations with the EU.

There has been progress, especially in recent months. Article 9 of the constitutional charter of the new federal state commits the authorities in Serbia and Montenegro to ensuring the protection of human rights and minority rights. One of the first acts of the new federal parliament was the adoption of a charter on human rights and minorities. These developments, and the engagement of the EU and the wider international community in support of the reform process, will lead to an early improvement in policing standards.

Following the assassination of the Prime Minister of Serbia, Zoran Djindjic, on 12 March, a state of emergency has been declared in Serbia. The perpetrators of this dreadful act were the enemies of democracy and of human rights. I strongly welcome the determination of the new Serbian Government, under Prime Minister, Zoran Zivkovic, and of the federal authorities to continue to pursue the reform process and the development of closer relations with the European Union. They will have the full support of the EU. I look forward to the early stabilisation of the situation in Serbia and to the lifting of the state of emergency.

The continued implementation of policing and judicial reforms will be essential to the ending of all torture and ill-treatment by police. The international community is assisting in a number of ways, including an OSCE programme of police training in Montenegro, southern Serbia and Belgrade. Ireland is also playing its part bilaterally as the major donor for a three-year Council of Europe programme of human rights training for all judges and prosecutors in Serbia and Montenegro, and for a number of lawyers and NGO experts. Ireland Aid has committed €500,000 to the programme, which focuses on the development of expertise in international human rights law, in particular the European Convention on Human Rights and the application of its principles in Serbia and Montenegro.

John Gormley

Question:

243 Mr. Gormley asked the Minister for Foreign Affairs if he has raised the case of a person (details supplied) who was arrested in March 2001 and has been assigned to three years re-education through labour with the Government of the People's Republic of China; and if he will make a statement on the matter. [7665/03]

Minister for Foreign Affairs (Mr. Cowen)

The person to whom the Deputy refers is a Tibetan woman by the name of Anu. From NGO reports it is understood that she was taken from her home late at night in March 2001 by members of the Public Security Bureau. She is believed to have been detained in Sitru, the provincial level police detention centre in Lhasa.

The exact reasons for her arrest are unclear, but unconfirmed reports suggest that she was accused of possessing "separatist" material from the Tibetan exile community in India, which had been copied and distributed in Lhasa. She was subsequently assigned to serve three years at the Trisam re-education through labour centre in either October or November 2001.

According to Amnesty International, re-edu cation through labour is a form of administrative detention by which people are detained without charge or trial for periods of between one and four years. It is used to detain people who are suspected of committing offences which are not deemed serious enough to be punished under the criminal law. Over the years many political dissidents and people labelled as "anti-social elements" have been detained in this way.

The Government, in bilateral contacts with China, and through contacts between the European Union and China, has consistently called on the Chinese Government to respect fully the rights of the Tibetan people.

The EU discusses key human rights concerns, including those relating to Tibet, with China in the framework of the EU-China human rights dialogue, which provides a forum for an in-depth discussion of these issues. The last session of the dialogue took place on 5 and 6 March 2003 in Athens. Among the issues discussed were the general human rights situation in Tibet and the continued use of re-education through labour, as well as other issues such as co-operation with UN human rights mechanisms, the continuation of "strike hard" campaigns, the need for judicial reforms, the ratification of the International Covenant on Civil and Political Rights, torture and the extensive use of the death penalty. The EU continues to evaluate the results of the dialogue at regular intervals to determine how far its expectations have been met.

Ireland and the EU will avail of every opportunity to raise their concerns regarding the situation of Tibet through the EU-China human rights dialogue, as well as through appropriate action at the UN, including at the Commission on Human Rights.

Last week, I attended the External Relations Council meeting in Brussels, at which the Council issued conclusions on the human rights situation in China, including Tibet. These conclusions restated the EU's concern about the continuing practice of re-education through labour, and called on China to end the practice. They also expressed the EU's deep concern over the deprivation of religious and cultural rights in Tibet, and underlined the need for the human rights dialogue with China to be based on genuine demonstrations of mutual confidence.

At the 59th session of the UN Commission on Human Rights, which is currently ongoing in Geneva, Ireland, along with our EU partners, will make known our concerns in regard to human rights violations in China and, in particular, our concerns in relation to the deprivation of religious and cultural rights in Tibet.

John Gormley

Question:

244 Mr. Gormley asked the Minister for Foreign Affairs if the European Union in its contacts with the Government of Turkey has raised, in relation to its human rights record, the issue of sexual violence against women in detention by members of the state security forces in Turkey; if there is evidence of a willingness to tackle the problem on the part of that Government; and if he will make a statement on the matter. [7666/03]

Minister for Foreign Affairs (Mr. Cowen)

Human rights issues are an important element of contacts at all levels between the European Union and the Government of Turkey. EU embassies in Ankara, including the Irish embassy, and the representation of the Commission, monitor the human rights situation in Turkey and regularly raise with the Turkish authorities formally and informally allegations of torture and ill-treatment in custody. The general issue of sexual violence against women and men in detention and specific allegations have been raised with the Turkish Government as part of this process.

Turkey adopted a series of human rights reforms during 2002 which included legislation aimed at the abolition of torture and ill-treatment of people in custody. I have welcomed these reforms and I welcome the willingness on the part of the Turkish Government to address the issue of torture in all its forms. It is important now that the legislative reforms be fully implemented.

The Copenhagen European Council in December 2002 reaffirmed that Turkey is a candidate country destined to join the European Union on the basis of the same political criteria which apply to other candidate countries. These include the political criteria laid down by the Copenhagen European Council in 1993 which stipulate that a candidate country must achieve stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities.

As is the practice for all candidate countries, the Commission prepares an annual report on Turkey's progress towards meeting the Copenhagen political criteria. The Commission report for 2002 stated that the adoption of the human rights reforms, "demonstrates the determination of the majority of Turkey's political leaders to move towards further alignment with the values and standards of the European Union." It noted that these reforms were adopted under difficult political and economic circumstances, and represented a major shift in the Turkish context.

The Copenhagen European Council last December strongly welcomed the legislative packages and implementation measures adopted by Turkey and encouraged the energetic pursuit of the reform process. It gave the commitment that if the European Council in December 2004 decides that Turkey has fulfilled the Copenhagen political criteria, the EU will open accession negotiations without delay. This decision will be based on a report and a recommendation from the Commission. The eradication of all forms of torture and ill-treatment in custody will be an important element of the assessment of the human rights situation in Turkey in this context.