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SELECT COMMITTEE ON FOREIGN AFFAIRS AND TRADE debate -
Wednesday, 20 Jul 2011

EC-Serbia Stabilisation Agreement: Motion

Deputy Neville has asked me to inform the meeting that he may be late, as he must speak in the Chamber. He is the only member from whom I have received apologies.

As usual, I remind members to please ensure their mobile telephones and BlackBerrys are switched off completely for the duration of the meeting, as they cause interference with the recording equipment in the committee rooms even if on silent mode. I respectfully ask members to comply with this instruction.

The committee will consider the following motion referred to it by Dáil Éireann on 7 July:

That the proposal that Dáil Éireann approves the terms of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part, signed at Luxembourg on 29th April, 2008, which was laid before Dáil Éireann on 15th January, 2009, be referred to the Select Committee on Foreign Affairs and Trade, in accordance with Standing Order 82A(3)(b), which, not later than 21st July, 2011, shall send a message to the Dáil in the manner prescribed in Standing Order 87, and Standing Order 86(2) shall accordingly apply.

On behalf of the committee, I welcome the Tánaiste and Minister for Foreign Affairs and Trade and his officials to the meeting. I propose that, following the Tánaiste's introduction and briefing, members will be invited to speak on the motion. Is that agreed? Agreed.

As members of the committee will be aware, the EU is founded on the fundamental premise that, after centuries of bloodshed, Europeans should never fight one another again. While the Union has been a great force for peace and stability on our Continent since the Second World War, it failed to live up to its values when conflict broke out in the former Yugoslavia in the 1990s. It is only in recent years that the Union has assumed its responsibilities by accepting that the countries of the western Balkans are part of Europe and will be part of the European Union. This commitment to the region has been reiterated by the Union regularly and has been central to building stability, promoting reform and fostering reconciliation in the western Balkans.

The EU's stabilisation and association process provides the basis for the Union's strategic and political engagement with the countries of the western Balkans in preparation for eventual accession. It establishes a progressive partnership in which the EU offers a mixture of trade access, economic and financial assistance and contractual relationships through stabilisation and association agreements. The process helps the countries in the region to build their capacity to adopt and implement EU law as well as European and international standards. Each country's progress towards the EU depends on its individual efforts to comply with agreed political and economic criteria.

Despite many difficult political and economic challenges, the story of the western Balkans during the past decade has been one of reform, democratisation and reconciliation. In recent years, there has also been a significant improvement in relationships across the region, including between Serbia and its former adversaries Croatia and Bosnia-Herzegovina. As political leaders and people in the region will agree, EU assistance and the prospect of accession are central to positive developments. We need to push forward to ensure that the positive momentum created by the EU perspective remains a motivating force for the governments and peoples of the region. I do not underestimate the challenges facing the EU or the countries of the western Balkans as they individually make their preparations and undertake painful reforms to join the Union. There can be no question of an easy pass to accession, but neither we nor the countries concerned should be daunted by the task.

Just as the generation of the 1980s brought the newly emerged democracies of Greece, Spain and Portugal into the EU and the generation of the 2000s took in the former Soviet-dominated states, the integration of the countries of the western Balkans is one of the great political opportunities and challenges for the Union in this decade. A significant step was taken last month with the conclusion of negotiations with Croatia on accession to the EU. It is expected that Croatia will become a member state in 2013. Croatia's accession will act as a beacon in showing the way forward to all of the countries of the western Balkans. It also demonstrates unequivocally the Union's determination to follow through on its commitment to the region.

While we welcome this important milestone, we must at the same time stay focused on the steps remaining for the other countries in the region on their path towards the EU. It is for this reason I am attending this meeting. With the exception of Serbia and Kosovo, all the other countries of the western Balkans have concluded stabilisation and association agreements with the EU. Now is the time to take this step with Serbia.

Negotiations on the stabilisation and association agreement with Serbia began in 2005. The negotiation process for the agreement was delayed on several occasions until the EU was satisfied with Belgrade's level of co-operation with the International Criminal Tribunal for the Former Yugoslavia. The agreement was signed in April 2008. Taking into account Serbia's progress in meeting all of the required criteria, EU Foreign Ministers decided in June 2010 to submit the stabilisation and association agreement to national parliaments for ratification.

Last October, Serbia applied to become a member of the European Union. The application was referred to the European Commission for its opinion, which is expected to be given this autumn in the context of its annual enlargement report. I await that report with interest and will be guided by its content. The key question which must be addressed by the Commission in its recommendation is whether Serbia has done enough to merit candidate status and to decide on a possible date for the opening of negotiations. The European Council will return to this matter at its December 2011 meeting following analysis of the Commission's opinion.

As Deputies may be aware, full co-operation with the International Criminal Tribunal for the Former Yugoslavia is a condition of the stabilisation and association process. It is also a condition of Serbia's progress towards EU candidate status and eventual membership of the European Union. In Serbia's case, the requirement for continuing full co-operation with the tribunal is included in the text of the stabilisation and association agreement with Serbia under articles 2 and 4. This will be closely and critically monitored.

In this context, I am sure committee members will join me in welcoming the news of the arrest by the Serbian authorities of the last remaining indictee, Mr. Goran Hadzic. I look forward to his swift transfer to the tribunal in The Hague. The arrest of Mr. Hadzic, together with that of Mr. Ratko Mladic on 26 May, is a crucial development in terms of addressing the appalling atrocities committed during the war in Bosnia and Herzegovina in the 1990s. These arrests demonstrate the commitment of the Serbian authorities to fully meeting their obligations in terms of co-operation with the tribunal. Their trial in The Hague can only help to further the cause of true reconciliation in the region.

It is important today that we acknowledge the substantial progress Serbia has made in the decade since public outrage led to the overthrow of the Milosevic regime in 2000. In addition to the reform and democratisation we have seen within Serbia, Belgrade has demonstrated a real willingness to deal with the difficult and cruel legacy of the conflict in Bosnia and Herzegovina in the 1990s. These moves have helped to change relations in the region.

In March 2010, Serbia's parliament passed a significant declaration condemning the Srebrenica massacre and apologising to the families of the victims. In the same month, Bosnia and Herzegovina appointed an ambassador to Serbia after a three year hiatus. This was followed by a joint visit by the Serbian and Croatian Presidents to Bosnia and Herzegovina in July 2010 to attend a commemoration to mark the 15th anniversary of the Srebrenica massacre. In November 2010, the Serbian and Croatian Presidents paid a joint visit to Vukovar in Croatia, where the Serbian President laid a wreath to commemorate the victims of the three month siege in 1991. In a further sign of how far the region has come, earlier this month President Boris Tadic paid the first official visit by a Serbian President to Bosnia and Herzegovina. While there, President Tadic reiterated Serbia's support for Bosnia and Herzegovina and for its territorial integrity.

It is important that we acknowledge the courageous and often fraught decisions governments in Belgrade have made to move the country away from its dark past. It is also important that we signal to the people of Serbia that we recognise the positive direction their country has taken in recent years. We know from our own experience of the Northern Ireland peace process that those who take risks for peace require outside recognition in return if they are to maintain credibility at home and build on their reforms. The progressive and reformist parties in Serbia now need to be able to demonstrate that the direction in which they have taken the country will result in tangible progress on the path towards the EU. I therefore propose that this committee recommends to the Dáil that it approve Ireland's ratification of the EU's stabilisation and association agreement with Serbia. In taking this step today, we are playing our part in advancing the peace process for the western Balkans. By granting a stabilisation and association agreement to Serbia we do not forget or neglect the continuing need to confront and seek justice for the horrors of the past. Rather we are providing ourselves with the instruments to address these and at the same time move ahead with reconciliation.

I thank the Tánaiste for his comprehensive report. Serbia has definitely moved closer to EU standards and principles.

I thank the Tánaiste for the presentation. In Fianna Fáil we are happy to support the motion the Tánaiste has brought before us.

It is important, notwithstanding the substantial progress that has been made in the western Balkans. It is appropriate that there is no easy path to EU membership. The Tánaiste referred to the accession in the 1980s of Greece, Portugal and Spain. We may have reason to regret Greece's accession to the eurozone at this stage. Perhaps we moved too fast with that country on that occasion. That should teach us to look at these issues and approach them with the sort of care the Tánaiste outlined. Progress has been made in Serbia. The most recent progress with the arrest of Mr. Hadzic recently and Mr. Mladic before that seems to have come very much on foot of an EU ultimatum. We welcome the fact that the Serbian authorities have responded to that. There is an issue related to what has become of those within the Serbian regime who provided cover for these people for years given the heinous crimes of which they are accused. As we move towards integration and accession, we want to be assured the sort of people who provided cover no longer play a critical role in government or in public affairs.

I note the director of the Centre for Euro-Atlantic Studies in Belgrade proposes to address the Oireachtas Committee on European Affairs on 29 September. It might be useful if we could find a way for members of this committee to hear some of the concerns that exist about the additional measures needed to move us all on towards the ultimate objective of total reconciliation in the region. Ultimately, we support the motion brought before us by the Tánaiste and welcome it.

We will certainly consider that request.

Sinn Féin supports the motion and welcomes it. This is the next important step in reaching out and encouraging those in Serbia who have sought to draw a line under the dreadful Balkans war and the dreadful atrocities and damage done to the collective peoples of the region, which commenced with the death of Tito and the elevation of Slobodan Milosevic. Thankfully, the last of those on the wanted list has now been handed over by the Serbian authorities and will meet justice in due course. It is an important step and a clear signal to those who have voted to move away from narrow interests and to embrace a wider Europe and peace and reconciliation. This is a critical part of the jigsaw within the region. The accession of Croatia, anticipated for 2013, is also critical. We talk about Spain and Greece coming in and then the former Soviet states and the western Balkans in those phases. The Tánaiste is right to describe it that way. It is a welcome motion and I anticipate that the Tánaiste will have a unanimous endorsement by the committee to allow it go forward to the next stage.

I also warmly support the proposal by the Tánaiste. This is a particularly sensitive area in the western Balkans which has created huge problems for the European Union and for people in the adjoining countries over the past 20 years. It was also an issue that engaged the Committee on European Affairs during the previous Dáil. At that time, approval was withheld until certain people were brought to justice. That has now happened.

It is also worth remembering that in that area the situation has its origins in religion, politics, tradition, hatred and one atrocity that begot the next one. It is hugely important that the EU's influence has been focussed in a way that has managed to bring about the current situation. As we all know from reading history, we can go back any number of years, that area was the tinderbox of Europe. It is a great tribute to the negotiating prowess of the EU member states that they have followed this situation in a progressive and positive way with a view to bringing about a resolution. No situation like that comes to an end overnight, as we all know. The Tánaiste and previous speakers have already referred to this. It is hugely important that the matter remains on the agenda and that the helpful and supportive influence of all member states remains constant throughout.

A few years ago, I had the opportunity to visit that region on holiday. It was certainly an education that gave me information I did not have before. Later on, the Committee on European Affairs had reason to engage with the people of that area, so I applaud the juncture we have reached now. It is important in the evolution of the European vision.

The Tánaiste said the EU failed to deal with the situation that arose in the 1990s, and it did. I was a member of the Committee on Foreign Affairs at that time when the late Mr. Brian Lenihan senior was chairman. Numerous meetings of the committee were held which were attended by ambassadors from all the surrounding countries, within and outside the EU. They were called in to address the meetings, yet nobody could do anything about the atrocities. Nobody could interfere because of their previous involvement or history in the area. It is sad and tragic to see what unfolded before our eyes on the nightly television news, yet nobody could do anything about it.

I visited Mostar afterwards, as the Chairman and other members did. It was so sad to see that, as a result of an inability to intervene in a positive way at the time, cemeteries for miles around were packed with the remains of young men, the majority aged from 17 to 24. They were Muslims and Christians in separate cemeteries. One could easily count 700 or 800 dead in each cemetery. I strongly support the Tánaiste's proposal. We should keep issues of this nature in mind as part of the ongoing and necessary evolution and achievement of the European ideal.

I can accept much of what is in the motion and perhaps it is time to take this step with Serbia. There has been an historical precedent and a number of positive moves in this regard, but I have reservations on three fronts. The first concerns the timeliness of the apprehension of Mr. Ratko Mladic and Mr. Goran Hadzic, which still smacks of opportunism on the part of the Serbian authorities. They have questions to answer as to why this took so long, and their lack of co-operation with Mr. Brammertz over several years.

My second reservation is about their support for Mr. Dodic of the Bosnian Serb entity. The same Mr. Dodic does not accept that the massacre of 8,000 Muslims at Srebrenica was genocide. He is doing his best to undermine stability in Bosnia.

My third reservation concerns Serbian recognition for the reality of Kosovo's independence.

While I suppose I can support the motion, those are my reservations. Those points have to be made very strongly to the Serbian authorities.

I support the motion. It is interesting how soon we can forget events that happened in recent years. Deputy O'Sullivan has reminded us of what really occurred out there. The Common Market, or what we now call the European Union, was established after the Second World War. One of its objectives was that there should not be another war. Surely that role being played in the Balkans responds to the original objective of the Common Market in ensuring that no further wars take place in the Balkans.

It is important to move away from the conflict that was there. Like every other nation, we forgive and move on, but do not expect us to forget what has happened. It will take generations in the Balkans to forget what occurred there. With maturity, they are moving on and the EU should assist them by responding positively. It is important to stabilise the region's political and economic situation, which will contribute also.

Those matters must be responded to positively, while remembering the awful things that we read about and saw on our TV screens during that terrible time.

I can appreciate Deputy O'Sullivan's reservations, but I do not agree with them. As the Tánaiste said in his introduction, which outlined the history of the European Community's birth, its purpose and function was to bring peace to Europe, so that Europeans would never fight with one another again. The western Balkans has been, and continues to be, a tense, difficult and complex region. I have had some experience of the area, having worked in Bosnia-Herzegovina around Tusla. I saw the physical effects of the war in the region where new municipalities were created in the area where the Serbs had pushed out the Bosnians. It is a sad and troublesome region.

Reading the profile of the work undertaken by President Boris Tadic, we should applaud him. He has made great strides concerning the Bosnians and has gone into Croatia and Vukovar. Meanwhile, Mr. Slobodan Miloševic has well and truly gone. Maybe it is a bit strangely opportunistic that we heard this morning that Mr. Goran Hadzic has been arrested. It seems strange that we are meeting here today to sign the agreement. Maybe it is all for the better that countries like ours, through the Tánaiste, continue to put pressure on Serbia so that this is the net result. It is a progressive and positive move, so we should congratulate those involved.

The reason I fully support the move is that there was an election in the recent past and President Tadic barely made it. The opposition is very strong and nationalistic. One would shudder to think how the region could regress if the nationalist, radical SRS party were to regain power. In so far as we can facilitate it, we should be supporting the destruction of these backward nationalist ideologies. In agreeing to the ratification of this agreement - I hope the Dáil will ratify it formally in the very near future - it is important that we do not just pay lip service to the situation in Serbia and that the European Union recognise that President Tadic has walked a tightrope and should be afforded economic and other supports to strengthen his hand in the region.

I, too, welcome the agreement and concur with the views of Deputy Eric Byrne. It is important to note that it is a stabilisation and an association agreement; therefore, Serbia will engage in significant work on it.

Given the economic pressure the European Union is under, it is crucial that serious consideration is given to the origins of the Union and the fact that economic issues have always been key elements from the coal and steel agreements onwards. The fundamental principle of the original European Economic Community, now the European Union, was stabilisation and the forming of strong relations between European countries. It is important that is the primary focus, rather than the economic difficulties any member state may have in the future. The countries of Europe have been served exceptionally well by coming together through formal agreements since the Second World War. What has happened in recent years, with countries experiencing economic crises - Greece which joined a decade or more ago is in crisis - should not be a reason to hold back on a process that has served Europe so very well. I agree strongly that we have a role to play in encouraging countries that have established democracies to move closer to us through the moves under way. In this regard, we should continue to work with the Balkan states that have not fully acceded to become part of the EU family to ensure what happened in the Balkan in the past 20 years will not happen again. What was successfully achieved throughout the 20th century I would like to see being achieved in other parts of Europe. I, therefore, strongly support this measure.

I concur with previous speakers in welcoming the Tánaiste. I join him in recommending that the Dáil approve Ireland's ratification of the EU stabilisation and association agreement with Serbia. Undoubtedly, problems remain in that country, as they do in other countries which have signed stabilisation and association agreements with the European Union. Problems also remain in all member states with regard to human rights issues. No state is devoid of problems, but one of the great successes of engagement with the European Union has been the working towards the eradication of discrimination and human rights problems across all member states. Obviously, the fundamental rights agency plays an important part in this regard. Serbia's increased engagement with the European Union can only be positive. It is the last state in the former Yugoslavia to sign a stabilisation and association agreement with the Union. Kosovo was a constituent part of Serbia and the Serbian authorities have to be congratulated on their attitude to and positive engagement with Kosovo. It is to be noted that Kosovo has been recognised by Ireland as an independent state. The Serbian authorities reaction to this is commendable and should be rewarded and encouraged.

That has been a good endorsement of the agreement. It is ironic, as Deputy Eric Byrne said, that while we are discussing the agreement, Mr. Goran Hadžic, has been arrested today in Serbia. I commend Deputy Bernard Durkan who in his previous capacity as Chairman of the Joint Committee on Foreign Affairs put the western Balkans at the top of the agenda. When we visited Croatia and Bosnia-Herzegovina two years ago, we found a big difference between the two countries. There is an air of sadness in Sarajevo as a result of what happened there in the 1990s. The agreement Ireland will sign and put it into force by way of the Dáil motion tomorrow will bring stability to the region.

I thank members of the committee for their support for the motion. I agree with them that we cannot forget the dreadful atrocities committed in the western Balkans. One of the great successes has been the insistence that there be co-operation with the International Criminal Tribunal for Yugoslavia and that those responsible be brought to justice. I recall Deputy Maureen O'Sullivan's comments about the arrest today of Mr. Hadžic and previously of Mr. Mladic. I recall raising and discussing this issue with President Tadic's when I had the opportunity of meeting him a number of months ago. He made it very clear to me on that occasion that the Serbian authorities were determined to ensure everybody would be brought to justice. It is interesting to note that following the arrest today the prosecutor at the tribunal, Mr. Brammertz, said: "Eighteen years after the tribunal's creation, we can now say that no indicted person has successfully evaded the tribunal's judicial process." That is an important achievement.

On the territorial integrity of Bosnia-Herzegovina, again the Serbian Government has repeatedly underlined its commitment in this regard, most recently during President Tadic's visit to the county earlier this month, the first ever visit by a Serbian President to Bosnia-Herzegovina. In that context, I had the opportunity of meeting the Foreign Minister of Bosnia-Herzegovina. Obviously, there are issues which are ongoing in terms of the formation of a new government.

We disagree with Serbia on the way it views Kosovo. Ireland supports and fully recognises the independence of Kosovo. At the same time we support the process of dialogue between Serbia and Kosovo under EU guidance as the only way forward. The dialogue has had some success with agreement reached on the matters of civil registry, freedom of movement and acceptance of university and school diplomas. We know, particularly in this country, how sensitive questions of identity can be to people. Obviously, that process of dialogue must be encouraged. One of the advantages of the stabilisation and association agreement is that it provides a framework for political discussions to continue, as well as the trade dimension.

Similarly, I agree with the comments of a number of members that it is important that support be maintained for the political forces in Serbia which are seeking a process of reconciliation and to develop a relationship with the European Union. It is also important that they see external support for their efforts. Some 17 of the 27 member states of the EU have ratified this agreement. The previous Government intended that this proposal be passed and was ready to introduce it in the Dáil, but the process was delayed by the general election. I am glad to have the support of the committee. The intention is for the motion to be agreed without debate tomorrow in the House.

Thank you, Tánaiste. It appears there is broad support for the motion. Has any member an opinion on whether there should be further debate on the motion in the Dáil?

No. We will progress it.

Is it agreed that there be no further debate in the Dáil? Agreed. A report on the committee's consideration of the motion will be laid before Dáil Éireann. A draft report has been circulated. Is the draft report agreed?

Will my reservations be noted?

Yes. Is the draft report agreed? Agreed. The clerk will also forward a message to the Clerk of the Dáil to the effect that the committee has completed its consideration of the motion.

I thank the Tánaiste and his officials, Mr. John O'Sullivan, Mr. Donal Denham, who I knew previously, and Mr. Brian Flynn for taking the time to attend this meeting.

When will our next meeting be?

The joint committee will hold an emergency meeting at 2.30 p.m. on Tuesday, 26 July to discuss the humanitarian problem and the famine in the Horn of Africa. I would love to see all members present to address these important issues.

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