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Seanad Éireann debate -
Thursday, 11 Mar 2004

Vol. 175 No. 21

Human Rights Issues.

I thank the Minister for staying in the House to take this matter. I ask that the Minister for Foreign Affairs initiate or support a resolution regarding China's ongoing appalling human rights record in Tibet at the UN Human Rights Commission in Geneva. I am not sure whether another country will bring forward a resolution but it would be even better if the Minister for Foreign Affairs could initiate a resolution. Despite the release of several prisoners of conscience before the end of their sentence during 2002, and signs of tentative dialogue between the Chinese authorities and the Tibetan Government in exile, repression of political dissent and religious freedom has continued in recent months in the Tibet Autonomous Region and in some Tibetan autonomous provinces. Since the beginning of 2003 several people have reportedly been detained and imprisoned after unfair trials, for peacefully expressing their political and religious views. In most cases, the Chinese Government does not reveal the charges against those arrested, their whereabouts, legal status, or their health conditions.

Many of us are aware of the ongoing atrocities in Tibet, some of which are appalling. This is why I tabled this matter on the Adjournment. More than 1 million Tibetans have died under the Chinese occupation as a result of torture, starvation, and execution. Tibetans are routinely imprisoned and tortured for peacefully expressing their views. Credible reports of mistreatment and torture of detainees and political prisoners in Tibet are widespread, including beatings, shock with electric batons, deprivation of sleep or food, exposure to cold and other brutalities. Human rights and humanitarian organisations are denied access to prisons and detention centres in Tibet. More than 6,000 monasteries and their contents, irreplaceable jewels of Tibetan culture, have been destroyed. Freedom of religion is severely curtailed. Nuns are brutally raped in prisons. China is encouraging the large-scale settlement of non-Tibetans into Tibet, which is overwhelming the Tibetan population in many areas. Over the past year unrest has spread from the urban areas into the countryside.

Today the situation in Tibet is increasingly tense. The influx of Chinese increases and peaceful demonstrations in Lhasa and elsewhere take place despite the strong and often violent reaction of Chinese security forces. Exiled Tibetans have only limited access to their country. Meanwhile, China has just opened Tibet to individual and group tourism, and to wider economic development. In recent years, and especially since the Dalai Lama was awarded the Nobel Peace Prize in 1989, the concern shown by the governments in Europe and in the United States, in particular, has grown considerably and I welcome that. Several parliamentary bodies have passed resolutions condemning human rights violations in Tibet and calling for peaceful resolution of the conflict in accordance with the Dalai Lama's plan.

This is the most critical time for the Tibetan people. Tibetans urge the world to support the Dalai Lama's proposal and put pressure on the Chinese Government to begin negotiations with the Tibetan Government in exile, the true representative of the Tibetan people. Many people in this House are concerned with this matter. It has often been raised on the Order of Business. Members of my family have visited Tibet and have been extremely concerned by what they have seen and have encouraged me to table this motion. I hope that the Minister for Foreign Affairs will be able to initiate a resolution and if not that he will support one put forward by another country. I would like to see Ireland expressing concern in a wider sphere on this very serious issue.

I am here on behalf of the Minister for Foreign Affairs, Deputy Cowen. Ireland has a firm position on the protection and promotion of human rights. Together with our EU partners, we are convinced that the promotion and protection of fundamental freedoms for all is essential in order to build a safer and more equitable world. Today, perhaps more than any other time in history, it is accepted that peace, security and stability on the one hand, and respect for human rights, fundamental freedoms, democracy and the rule of law on the other, are but two sides of the same coin. It is against this background of a strong commitment to human rights and fundamental freedoms that the Irish Presidency will face the challenging, yet hopefully rewarding, task of co-ordinating and presenting the position of the European Union across the entire remit of human rights issues to be discussed and debated at the United Nations Commission on Human Rights, which is to begin in Geneva on 15 March.

The European Union will seek to have the Commission take action on the most serious and persistent violations of human rights in specific countries. It is imperative that the path the EU chooses is the most effective manner of addressing concerns that we may have with regard to a particular country or issue. We will work with those who are trying to improve the human rights standards in their countries by helping them build stronger protection systems. Where there are concerns, the EU will seek to steer countries towards effective ways of improving their human rights on the ground. Our preference is not to condemn but to work in the spirit of constructive co-operation rather than confrontation. However, we will condemn when co-operation is not forthcoming.

In spite of some positive developments in the course of last year, the human rights situation in China remains a cause of concern for the European Union. We are encouraged by the increased engagement of China with the international community and certain progress in the establishment of the rule of law and the development of the legal system. In particular we note the proposed changes to China's constitution, to incorporate express recognition of the human rights of its citizens, and the proposed changes to the system of re-education through labour, which we hope will lead to increased judicial involvement, and a corresponding increase in the due process afforded to accused persons.

The EU also notes China's positive demonstration of a willingness to enhance its co-operation with the UN human rights mechanisms. In this connection, the EU welcomes the recent visit and report of the UN special rapporteur on education, and the agreement of dates for visits by other UN special rapporteurs, notably the special rapporteurs on torture and freedom of religion, and also that of the chair of the Working Group on Arbitrary Detention. The EU urges China to facilitate, on the agreed dates and without further delay or pre-conditions, the visits of these important UN representatives. The EU and China are to hold a joint seminar in Beijing in June to assist the Chinese authorities to introduce the reforms necessary to enable China to ratify the International Covenant of Civil and Political rights.

However, in spite of this welcome progress in the field of human rights, there are areas in which further progress by the Chinese authorities is much needed, most notably the protections of the fundamental freedoms of expression, association, religion and belief. More specifically, the EU continues to have concerns regarding reports of the deprivation of religious and cultural rights in Tibet. We remain particularly concerned at the treatment of Buddhist priests and political prisoners in Tibet, and we continue to call on the Chinese authorities to respect fully the rights of the Tibetan people.

We continue to monitor the situation in Tibet. We have concerns about human rights standards in Tibet and we will continue to raise issues of concern both bilaterally and in the framework of the EU China Human Rights Dialogue, a formal framework established in 1996. The most recent session of the Human Rights Dialogue was held in Dublin on 26 and 27 February and I understand there was positive engagement between both sides. The visit by the Chinese human rights delegation also included a fact-finding trip to the Dóchas Women's Centre in Mountjoy and St. Patrick's Institution, so that we could share with them our own best practice in the treatment and rehabilitation of offenders. Through the Human Rights Dialogue, the EU will continue to discuss with China human rights issues of concern, including individual cases, the use of the death penalty, conditions of detention and the situation in Tibet.

I believe the policy of dialogue is working. While serious human rights abuses continue, the Chinese authorities are becoming more open in their readiness to discuss human rights issues. They are now prepared to concede that they have much to do to improve the human rights of their people. It is significant that they now recognise their responsibilities and are attempting to move in the right direction. In this regard, I am also encouraged by China's first ever policy paper on the EU, published on 13 October 2003, which includes a commitment to continue dialogue, exchange and co-operation with the EU in the area of human rights. More specifically, it calls on EU representatives to visit Tibet and welcomes EU support for the economic, cultural, educational and social development of Tibet.

More generally with regard to Tibet, as the House is aware Ireland pursues a one China policy. We regard Tibet as an integral part of China. We nevertheless continue to urge the Chinese authorities to make greater efforts to preserve and protect the social, cultural and linguistic identity of the Tibetan people, which are a treasure not only for China but for the whole of mankind. If it is supposed to be an autonomous region it should be treated as an autonomous region. The Government believes the most effective way of dealing with the situation in Tibet is through dialogue with the Chinese Government. Previous policies of condemnation and confrontation have not proven successful. The Government fully supports the process of genuine dialogue between the Government in Beijing and the Dalai Lama, to whom Senator Terry made reference, as the most effective way of achieving progress. At the most recent session of the Human Rights Dialogue, the Chinese representative informed the EU that the Chinese authorities were open to a further meeting with the representatives of the Dalai Lama.

I note that the Dalai Lama in a statement issued yesterday expressed the hope that this year may see a significant breakthrough in relations with the Chinese Government, and I welcome the information that he has instructed his envoys to continue the process of dialogue with Beijing at an early date. Given the positive intentions expressed by both sides, the Government would support early dialogue so that the process towards resolving the issue of Tibet can be advanced.

No decision has been taken as to whether the EU would support a resolution on China at the forthcoming Commission on Human Rights. At the General Affairs and External Relations Council later this month, EU Foreign Ministers are likely to further consider the general approach to be taken by the Union at this year's meeting in Geneva, including how the question of human rights in China, including those of the Tibetan people, would be best addressed. These discussions will be informed by a number of factors, including an evaluation of the Human Rights Dialogue generally and the outcome of the most recent Dublin session.

While we remain committed to the Human Rights Dialogue with China, we have also emphasised that the dialogue is acceptable as the main framework for taking action on human rights only as long as it produces positive results. Through continued dialogue and engagement we will share the experience and expertise of the EU to encourage and assist the Chinese authorities as they work towards accepting international human rights norms and guaranteeing and protecting the human rights of all for whom they have responsibility, including the people of Tibet.

The Seanad adjourned at 2.50 p.m. until2.30 p.m. on Tuesday, 23 March 2004.
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