Patrick Nulty
Question:6. Deputy Patrick Nulty asked the Tánaiste and Minister for Foreign Affairs and Trade the position regarding the human rights situation in Saudi Arabia; and if he will make a statement on the matter. [2309/14]
Other Questions
Human Rights Issues
We all want to promote Irish exports, trade and commerce. However, after the Government’s recent trade mission to Saudi Arabia, many people felt considerable disquiet at what was seen as a reluctance on the Government's part to talk directly about the myriad of human rights abuses that take place there. I would like the Tánaiste and Ministers of State to join with me in publicly condemning the practice of the kafala system, whereby migrant workers are tied to sponsored employers who regularly withhold their wages and passports. Will the Tánaiste and Minister for Foreign Affairs and Trade raise this with the Saudi authorities?
The question down for me is about the human rights situation in Saudi Arabia. I will answer any other supplementary questions arising from it.
The nature of the Saudi state, as an absolute monarchy with a legal system based on Islamic Sharia, means it is wholly different from the rights-based culture and legal system of western countries. While the overall human rights situation in Saudi Arabia leaves a great deal to be desired, it can on one level be considered less oppressive than many other states in the region whose laws might, in theory, provide greater human rights protection.
Many of the human rights issues in the kingdom stem from the deep conservatism of Saudi society and the application of Sharia, rather than being attributable solely to its Government. King Abdullah, perceived by many externally as a reformist ruler and active advocate for women’s rights, has been mindful of the fierce opposition to change from conservative religious and tribal leaders. Top down reforms have therefore been cautious, modest and gradual.
Despite some positive developments in recent years, such as the establishment of a human rights commission and the appointment of women to the kingdom's consultative council, human rights issues remain contentious. Some of the most important human rights problems reported include citizens’ lack of the right to change their government; restrictions on the right to freedom of expression, assembly and religion; and a lack of equal rights for women, children and expatriate workers. Other human rights problems reported include use of the death penalty, abuses in detention and arbitrary interference with privacy. Capital punishment is imposed without adequate safeguards and sentences are often carried out in a cruel way and in public. Lack of government transparency and access unfortunately make it difficult to assess accurately the magnitude of many reported human rights problems.
Ireland remains committed to raising human rights concerns with Saudi Arabia through bilateral contacts, as well as through the European Union and the United Nations.
The term “a lot to be desired” is somewhat of an understatement. Did the Government raise the exploitation of migrant workers, as well as the treatment of women and other minority communities in Saudi Arabia, on the recent trade mission there? If so, what was the response it received? Many people felt the Government was reluctant to talk directly about these issues. The death penalty is regularly used in Saudi Arabia. Did the Government raise this directly with the Saudi authorities? I accept trade is important but human rights have no borders.
Ireland has always been at the forefront internationally in raising human rights issues through bilateral contacts, the European Union and the United Nations. We have never shied away from addressing those issues.
Ireland made two recommendations to Saudi Arabia during the most recent human rights council universal periodic review process in October. These recommendations focused on the right to freedom of association and the improvement of women’s rights through ending the male guardianship requirement which would allow women to conduct official business as Saudi Government officials. Ireland is an active member of the European Union human rights group in Riyadh which co-ordinates EU policy on human rights issues with the kingdom and progresses implementation of the EU’s human rights country strategy for Saudi Arabia. It enables member states to share information on human rights issues and discuss how these can be most effectively progressed.
Thank you, Tánaiste.
I have quite a number of examples of what Ireland is doing in this regard.
Yes, but I am stuck because there is a one-minute limit on supplementary answers.
I was anxious to put on record what Ireland is doing on the human rights situation in Saudi Arabia. I will take another opportunity to do so.
My question was did the Government raise the issues of guardianship, the exploitation of migrant workers and capital punishment specifically on its recent visit to Saudi Arabia. If so, what was the nature of the response it received from the Saudi authorities?
I appreciate there are all sorts of diplomatic initiatives taking place at all levels but what specific action did the Irish Government take when the Taoiseach and other Ministers visited Saudi Arabia recently? Did he raise these issues? What response did he receive and what follow-up actions will be taken to put pressure on this despicable regime to respect human rights?
I am anxious to put on the record the actions the Government has taken on the human rights issue in Saudi Arabia. The European Union group, of which we are a party, received approval from the Saudi authorities to attend the trials of human rights activists. This is a significant and positive development that will enable the group to more closely monitor issues relating to access to justice and the rule of law. The group also regularly interacts with Saudi human rights activists and seeks out ways to develop co-operation with local human rights groups. It also actively progresses key human rights concerns with the Saudi authorities, the Saudi Arabian human rights commission and the National Society for Human Rights. The group has drafted local human rights reports on priority issues in order to feed into high level policy discussions within the EU on human rights issues in Saudi Arabia. Ireland also raises human rights issues directly with the Saudi Arabian government. For example, Ireland's ambassador to Saudi Arabia has been active in highlighting human rights cases raised by the Irish NGO, Front Line Defenders. Both Ireland and Saudi Arabia are members of the UN Human Rights Council. As part of that forum, the UN Human Rights Council carries out a periodic review of every member state and its human rights record. Ireland played a very active part in the review of the situation in Saudi Arabia. The two areas on which we focused in that review were the freedom of association and the rights of women. So far as Ireland's engagement with Saudi Arabia is concerned, we have a very active engagement with Saudi Arabia on human rights issues. What we have to be mindful of is doing that in a way that is effective but also in a way that co-ordinates with people on the ground in Saudi Arabia, particularly co-ordinating with human rights activists on the ground in Saudi Arabia. I have explained how we do that in co-operation with other member states.
Foreign Conflicts
Maureen O'Sullivan
Question:7. Deputy Maureen O'Sullivan asked the Tánaiste and Minister for Foreign Affairs and Trade in view of the fact that the EU Foreign Ministers in May 2012 strongly criticised the marked acceleration of settlement construction and called for full application of existing EU legislation regarding products from settlements, the action he is prepared to take on these issues. [8049/14]
There is absolutely no doubt that the continued acceleration in settlement building is having a detrimental and negative effect on what is happening in the West Bank and is threatening all the talks about a two-state solution. It was criticised by the EU Foreign Ministers in May 2012 but it is still continuing. What are the direct negotiations or direct talks that are taking place with the Israeli authorities on the matter of the settlements and settlement goods?
The Foreign Affairs Council conclusions of May 2012, to which Ireland strongly contributed, were an important statement of EU policy on the Middle East conflict. They identified a range of critical and negative Israeli policies which needed to be changed. Many of these centred around the continuing expansion of settlements, which I have consistently identified as a central issue in the conflict.
The Council’s call for full application of existing EU legislation relating to products from settlements related primarily to the non-eligibility of settlement products for the lower tariffs applicable to goods from Israel. I would have been happy to see a stronger wording on this issue, and have worked since then to increase EU pressure on the issue of settlements.
Further discussion has centred on the issue of labelling of settlement goods, to prevent them being misleadingly labelled as coming from Israel. In February 2013 the EU High Representative committed to prepare EU guidelines on labelling of settlement products, an initiative which I had encouraged and strongly supported.
These guidelines are in preparation, involving both the External Action Service and the European Commission, but there is a tacit acceptance by the Council that it would not be opportune to move to finalise them at this moment, when direct negotiations between the parties are under way in the region. The objective of the negotiations is of course a comprehensive agreement which would resolve the issue of settlements, and of settlement products, in a much more definitive and satisfactory way. The EU also adopted guidelines in June 2013 making clear the non-eligibility of entities in settlements to benefit from EU research funding.
In my view the EU needs to be stronger in following up on the issues identified in the May 2012 Council Conclusions.
In the meantime the settlements continue to be built. Leaving the legal argument and the moral argument about settlements aside, there is also a massive environmental impact of all these settlements. It is only when one is there that one sees for oneself the extent of the land taken up and the open spaces that were left available, the massive pressure on water and the difficulties of Palestinian people moving from one area to another. There is also much disquiet and anger among ordinary Israeli people and Israeli NGOs about what is going on. They do want to see further settlement building. All the policy statements and all the calls are not having any effect. That is the whole crux of the matter. If it continues like this there will not be a state left for Palestine to be part of a two-state solution given the amount of encroachment.
There is no doubt that the settlements should not be continuing. The Deputy is correct that if the settlements do continue they will make the development of the two-state solution physically impossible. They will effectively sever the northern-southern part of the West Bank. They are having a huge impact around Jerusalem and Israel should stop settlement expansion, particularly in the context of the talks that are now under way. It is welcome that discussions are under way. I compliment, in particular, Secretary of State, Mr. John Kerry, on the initiative he took in that regard. He discussed that issue with European Union Foreign Ministers and directly with me. We support the work that is being done on those talks. So far as the European Union position is concerned I am glad that in May 2012 a very strong position was adopted by the European Union, a stronger position than had been adopted previously. As the Deputy is aware it was very difficult to get agreement at European Union level on this issue. I would like to see it followed through more strongly and I am seeking to have that done at the European Union Foreign Affairs Council and we will continue to do that.
I wish to make to make two further points. While the Minister mentioned Jerusalem, the other area that needs to be mentioned is the Jordan Valley and what is happening there with particular ethnic groups and the way in which they are being physically removed from their land. When one is there and sees the particular areas, it is clear that Palestinian people are trying to hold on to a tiny piece of land while all this encroachment is taking place. It is very visible in Hebron. The issues occurring there mean that Palestinian people are prevented from earning a living because of the letting situation and because of where the borders are situated. Unfortunately, the policies are not working and are not having any effect.
This has been a long-standing issue. There has been a stand-off for a very long period. I am glad that discussions are under way and I want to see those succeed. I think the European Union has a role in supporting the talks. It has a role into the future in its relationship with Israel and with the Palestinian state. It needs to pursue more strongly the conclusions reached in May 2012. Reaching those conclusions in May 2012 was significant because for a long period there had been divided opinion and divided loyalties within and among European Union member states on the Israeli-Palestinian issue. Reaching an agreed position was significant but it needs to be followed through and the best way of doing that is in the context of the talks that are taking place.
Members are indicating that they wish to ask supplementaries. The position is that a Deputy has 30 seconds to introduce the question and the Minister has two minutes to reply.
Then there is a minute each for two supplementary questions and the two ministerial replies. Six minutes is the maximum time allowed per question. The whole idea is that we try to get through the agenda so that the questions of people who are sitting in the Chamber waiting for a reply are reached.
Human Rights Issues
Richard Boyd Barrett
Question:8. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Foreign Affairs and Trade if he plans to sign a statement of solidarity (details supplied) with the pro-democracy movement in Egypt; and if he will make a statement on the matter. [8115/14]
Bernard Durkan
Question:71. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade the extent to which the situation in Egypt continues to be monitored by the EU and UN in the context of whatever intervention can be made to mitigate human rights violations; and if he will make a statement on the matter. [8587/14]
As part of my question I referred the Tánaiste to a statement that has been put together by activists in Egypt and internationally calling for an end to the brutal repression that is now being undertaken by the Egyptian military regime against pro-democracy activists, students and journalists. Many of the people who led the democratic revolution in Egypt are now in prison, are being prosecuted or are being viciously repressed by the Egyptian military. Will the Tánaiste sign the statement and add the weight of the Government to the international solidarity movement's call for an end to the repression in Egypt?
I propose to take Questions Nos. 8 and 71 together.
I have made clear on a number of occasions my concerns about the current human rights situation in Egypt, particularly following the events of last July which resulted in the overthrow of the elected Morsi government. I have also addressed these concerns in private conversation with my Egyptian counterpart. Those concerns are widely shared by our EU partners, as should be clear from the firmly worded conclusions on Egypt adopted by the Foreign Affairs Council on 10 February. While welcoming the adoption of the new Egyptian constitution last month, the Council deplored the absence of a fully inclusive process leading up to the referendum and also the closing of political space for dissenting opinion before and during the referendum. The Council proceeded to express its concern over the deteriorating human rights situation and the use of selective justice against the political opposition as well as deploring the deteriorating climate for the press in Egypt.
The principles and demands made in the initiative referred to in the Deputy’s question are very much in line with Irish and EU views on the current human rights situation. However, what is now critical is that Egypt must move to implement in full all of the protections of fundamental rights enshrined in its new constitution; that all legislation should comply with the constitution and be in line with Egypt’s international obligations; and that the courts and government agencies, including the security services, should uphold the constitution and the law in a fair, transparent and accountable manner.
Reports from Egypt about abuses of human rights remain of concern. Egypt does face a real threat from extremist militants and we should not ignore such problems. However, political opposition and the promotion of an active civil society should not be conflated with the threat from real terrorist activity. The toleration of dissent and peaceful opposition is essential to the functioning of democracy in all countries.
Will the Tánaiste answer the question on whether he will sign the statement? We need action and not just words from the international community about what is going on. Democracy activists who were gathered in Tahrir Square to celebrate the third anniversary of the Egyptian revolution were targeted by snipers and 64 people were killed. That is what the el-Sisi military regime is doing to the very people who led the revolution against Mubarak. Many of them are now being imprisoned just for engaging in protest. An Irish citizen, Ibrahim Halawa, is still detained in Egypt. There is vicious repression. Whatever Egypt might say internationally about its commitment to democracy, in reality it is crushing the democratic revolution. The regime is hounding and persecuting journalists, students and human rights activists. Amnesty International and every human rights organisation say the situation is deteriorating to a terrible extent. Will the Tánaiste sign the statement and will Ireland and the international community add weight to the demands they put on the Egyptian regime to respect democracy and human rights?
I am sure the Deputy is aware that the State does not sign petitions. We make our own statements and we join with other member states of the European Union in making a joint statement on behalf of the country, the European Union or the United Nations. I share the concerns outlined. We actively contributed to the negotiation of the recent European Union Foreign Affairs Council conclusions on Egypt, which well articulate our position and that of our EU partners.
We have raised our human rights concerns on multiple occasions at ministerial level as well as at official level and we will continue to do that consistent with our assessment of any change in the situation over time. EU missions to the UN in Geneva are currently engaged in discussions for the forthcoming session of the Human Rights Council and are preparing the agreed joint position of the European Union.
The Deputy mentioned the members of the Halawa family. I discussed the case of the family on a number of occasions with the Egyptian foreign Minister. I am pleased that the three sisters have been released. The continuing detention of Ibrahim Halawa is something our embassy in Cairo continues to pursue with the Egyptian authorities.
I accept that the Government is making some efforts in this regard and is saying the right things, but the problem is that these regimes are not responding. The Tánaiste rightly said in response to Deputy Nulty about Saudi Arabia that there are many regimes in the Middle East that on paper appear to be democratic but in reality are brutally repressive. The Tánaiste even suggested that some of them are more oppressive than Saudi Arabia, which would be pretty difficult. There is a strong element of truth in the Tánaiste's view. Other regimes are certainly as repressive in many cases. Under Mubarak, Egypt was one of the most repressive regimes, and it is reverting to type now under el-Sisi and engaging in absolutely vicious crushing of pro-democracy groups. A counter-revolution is taking place. There is no other word for what the regime is doing. It is crushing the democratic revolution in Egypt with the most vile and vicious means. The petition states that no country in Europe or the Western world with any influence should trade any goods, including weapons, with Egypt that could be used against the democracy movement. One could ask what we are doing to make that happen in terms of trade sanctions or whether any threat hangs over the Egyptian regime to the effect that if it does not listen then action will be taken. Otherwise, our words mean little.
As recently as last week, this country worked very closely with the other European Union member states to reach a set of conclusions in Brussels at the Foreign Affairs Council which were very robust on the situation in Egypt. It is very clear that the situation in Egypt has been deteriorating. Very serious human rights issues are evident there and serious issues arise in terms of any prospect of a transition to democracy. The European Union is pursuing a very strong united position on Egypt. This is the time for Deputy Boyd Barrett and other Members of the House to get behind the process and show support for the position that is being expressed on a unified basis by Europe, to which Ireland contributed strongly. We were very much involved in the framing of the position, which has wide political support. That is an effective way to address the issue.
Could we have sanctions to back it up?
Departmental Funding
Patrick O'Donovan
Question:9. Deputy Patrick O'Donovan asked the Tánaiste and Minister for Foreign Affairs and Trade if he is satisfied that those charitable and non-governmental organisations that are funded by his Department, partially or otherwise, operate salary systems in keeping with that in the public sector; if he is satisfied that staff in those organisations are not in receipt of top-ups; and if he will make a statement on the matter. [8002/14]
This question relates to the expenditure of Irish Aid moneys and the allocation of such moneys to non-governmental organisations working overseas, specifically in light of the recent controversy about top-ups and excessive salaries being paid to executives in receipt of moneys from the HSE and other agencies of the State. I seek assurances that the salaries within those organisations are in compliance with the guidelines for the public sector.
The Government's international aid programme, Irish Aid, which is managed by my Department, is recognised internationally for its effectiveness in delivering results for the poorest and most vulnerable communities.
Approximately one quarter of Ireland’s overseas development assistance is channelled through non-governmental organisations, NGOs. This reflects the strong contribution Irish NGOs make in the fight against world poverty and hunger, and the broad support they continue to receive from the Irish public. Given the level of Government funding for the NGO sector their internal governance arrangements are a matter of legitimate public interest. NGOs are independent organisations and the salary levels of their employees are determined by their boards.
All NGO applications for funding are required to include information on the formal decision-making structure in the organisation which has legal responsibility for the administration and use of Irish Aid funds. The Department applies a series of rigorous appraisal criteria to all NGO funding applications. In particular it assesses the cost efficiency and effectiveness of programmes on the basis of NGO expenditure decisions. Grants are only dispersed once a framework of realistic and measurable results is agreed. Financing agreements between Irish Aid and NGO partners include clear parameters and administration costs for major funding partnerships. A limit of 6% of funding provided can be allocated to administration costs with remuneration levels for senior executives being reviewed in the context of the overall administration costs.
Irish Aid ensures funding is used for its intended purposes. The review of annual and financial reports is set against agreed objectives and budgets. These desk reviews are also supplemented by field monitoring visits, evaluations, audits and ongoing reviews of compliance. In 2012 Irish Aid entered into agreements for a new series of programme grants with the larger Irish development NGOs for their long-term development work over a four-year period. These NGOs must adhere to standards above and beyond those mandated currently in Irish law including, notably, best practice for financial reporting based on the statement of recommended practice in place in the UK. NGOs receiving programme grants are required to set out in their published audited accounts the number of staff in receipt of salaries above €70,000. Contracts signed between Irish Aid and NGO partners stipulate that annual audited accounts must be submitted as part of the annual reporting process. Irish Aid also requires partners to publish their audited accounts on their websites.
Additional information not given on the floor of the House
My Department also provides funding to the Ireland-United States Commission for Educational Exchange (the Fulbright Commission), which has charitable tax-exempt status with the Irish Revenue Commissioners, on an annual basis. The Commission is also funded by the United States Government. The commission was established by the Educational Exchange (Ireland and the United States of America) Act, 1991 to facilitate the administration of educational and cultural exchanges between Ireland and the United States of America. The members of the commission are nominated by the Minister for Foreign Affairs and Trade and by the US ambassador to Ireland. While terms and conditions, including staff salary levels, are set by the commission itself, details of the staff salary levels are made available to my Department. I understand that these salary levels are comparable to those offered for similar-level administrative posts in the public sector. Members of the commission do not receive remuneration.
Through the Reconciliation and Anti-Sectarianism Funds, which support cross-community outreach in Northern Ireland and the Border counties, cross-Border co-operation and sensitive commemorative and cultural events, my Department paid grants to a total of 155 organisations in 2013. The funds receive applications from a range of non-governmental organisations, community groups, and voluntary organisations. Funding is awarded for project costs only and it has been a long-standing policy that salary costs are generally ineligible for support from the funds.
Applicants are closely scrutinised before funding is awarded and there are robust mechanisms in place for annual reporting and accounting by recipient organisations. Organisations in receipt of grants of €10,000 and above are required to submit a tax clearance certificate from the Revenue Commissioners and those in receipt of grants of €12,500 and above are required to submit independently audited accounts.
The Emigrant Support Programme provides funding to non-profit organisations and projects to support Irish communities overseas and to facilitate the development of more strategic links between Ireland and the global Irish. Applicant organisations to the Emigrant Support Programme should be established as registered charities, charitable bodies or voluntary or not for profit organisations. Applicants must apply for funding yearly and organisations receiving grants under the Programme are required to submit a financial report for each programme funded, together with certified or audited accounts.
The vast majority of funding under the Emigrant Support Programme is provided to organisations overseas, with approximately 18% allocated to Irish-based organisations in 2013. Given the geographic breadth of the organisations supported by the Emigrant Support Programme, it would not be appropriate to benchmark any salaries against Irish public service scales. However, the programme has been engaged in audits of specific organisations from year to year to ensure value for money.
In 2012 the overall budget was €629 million and NGOs received approximately €159 million. Given the scale of the money involved it is essential we do not leave any scope for an information vacuum to develop and NGOs need to be encouraged to publish as much information as possible. I welcome the Minister of State's reply in this context. As a percentage of our overall gross national income we give more than France, Germany and Austria, none of which is a bailout country. Given the economic collapse and meltdown which happened we need to be accountable for every cent that goes out of here. I do not dispute the good work done by Irish Aid or NGOs but given what we have seen in the charities sector in recent months we must ensure every stone is turned over to ensure there are no top-ups or CEO payments in excess of the salaries of the Ministers of State or the Tánaiste. There needs to be absolute clarity on this and the sooner the NGOs can provide it, the better.
I agree entirely with the Deputy. We have very stringent measures in place. Any NGO to which we provide funding can use a maximum of 6% for administration purposes. Any NGO with revenue of more than €100,000 must be audited externally and independently. Any large NGO must declare salaries over €70,000. Dóchas, the umbrella organisation for NGOs, has put in place guidelines for best practice for NGOs and it also monitors them. Our new policy document clearly places huge emphasis on accountability, transparency, ensuring internal and external auditing takes place and ensuring the audited accounts of the various NGOs are put up on websites.
Will the Minister of State examine encouraging NGOs funded through Irish Aid to level with the people they stop on the side of the street to ask if they would sign a direct debit and tell them exactly what percentage of the money goes to the charitable purpose, how much goes to the collector and how much goes to the organisation for administration? On any street in urban Ireland one is bound to meet a representation of an organisation funded by Irish Aid through the Department with a clipboard and a very good tale of the work they do, which no one disputes, but one must almost drag out of them what percentage of the money winds up sinking a bore hole in Uganda. The Minister of State should encourage them to spell out from the start, similar the terms and conditions of a telephone contract, the percentage the collector gets, the percentage the NGO gets for administration and the percentage from which the person in the developing country benefits.
Dóchas has been to the forefront in developing codes of good practice on governance and financial management. The organisations which come under its umbrella form the vast majority of organisations we deal with. Of course donations come from various sources, such as the public, bequests and donor funding, and it is extremely important all NGOs are transparent and accountable on the allocation of the money they receive.
Written Answers follow Adjournment.