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Human Rights Issues.

Dáil Éireann Debate, Wednesday - 19 May 2004

Wednesday, 19 May 2004

Questions (128, 129, 130)

Tony Gregory

Question:

124 Mr. Gregory asked the Minister for Foreign Affairs if he will make representations to the US authorities to express serious concern at the additional measures announced on 6 May 2004 by the US to further tighten its blockade and make even worse the already very difficult conditions caused by the blockade against Cuba; if he will also raise this matter at EU level. [14783/04]

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Written answers

The Irish Government's position on the US embargo has been made very clear over the years by our consistent vote against it — together with our EU partners — in the UN General Assembly, most recently on 4 November 2003. In bilateral contacts with the US administration we have never left them in any doubt regarding our strong opposition to the embargo. The effect of the embargo is to work contrary to stated EU and US aspirations for a democratic and prosperous Cuba. We welcomed the partial easing of the embargo in the year 2000, whereby the ban on the sale of food and medicines was lifted, and since then we have continued to urge that the embargo be removed completely.

A Commission for Assistance to a Free Cuba was established by President Bush on 10 October 2003. Its mandate was to identify "additional measures by which the US could help the Cuban people bring about an expeditious end of the Castro dictatorship", as well as "US Government programmes that could assist the Cuban people during a transition". The Commission, chaired by Secretary of State Powell, reported to President Bush on 6 May 2004. Upon publication of the report, President Bush directed that certain immediate actions should be taken, including a decision to limit recipients of remittances and gift parcels; limit family visits to Cuba; reduce the authorised daily expenditure during a trip to Cuba; and step up law enforcement measures against those carrying funds to Cuba in contravention of US policy.

President Bush also directed that up to US$59 million should be committed over the next two years to implementing other Commission recommendations, including democracy-building activities and support for family members of the political opposition, as well as support for young people, women and Afro-Cubans and "public diplomacy" efforts. The concern of the Cuban authorities at the new US measures has been conveyed to the Government by the Cuban chargé d’affaires in Dublin.

While the new US measures are essentially a bilateral matter between the US and Cuba, the US authorities are in no doubt as to the Irish and EU view as to how best to promote a democratic transition in Cuba. The aim of the EU Common Position remains to "encourage a process of transition to pluralist democracy and respect for human rights and fundamental freedoms, as well as a sustainable recovery and improvement in the living standards of the Cuban people". We believe that the way to achieve this is by engagement rather than by isolation.

Admittedly, it has to be realistically acknowledged that the Cuban authorities do not always seem to wish to respond positively to our constructive approach. Events in recent weeks in Cuba represent a further serious setback for the cause of human rights, as manifested in particular by the trial and sentencing of 13 dissidents for peacefully exercising their rights to freedom of speech, opinion, assembly and association. This follows the harshly repressive measures taken in March and April last year, which resulted in lengthy prison sentences for 75 dissidents, as well as the summary trial and rapid execution of three ferry-boat hijackers in breach of international minimum standards for the implementation of the death penalty.

Notwithstanding these disappointing setbacks, Ireland and our EU partners will continue to persevere with our policy of constructive engagement with Cuba with a view ultimately to seeing the aims of the common position achieved, namely, the initiation of a transition to a system of pluralist democracy embracing human rights and fundamental freedoms.

Gay Mitchell

Question:

125 Mr. G. Mitchell asked the Minister for Foreign Affairs if, in view of the information now available concerning the treatment of prisoners in Iraq, the Government has satisfied itself with arrangements in place to ensure that prisoners being held in Guantanamo Bay in Cuba are being humanely treated; and if he will make a statement on the matter. [14853/04]

View answer

As the Deputy is aware, I have previously expressed to the House the Government's concern that the detainees in Guantanamo Bay be treated in accordance with the provisions of international human rights and humanitarian law. The United States authorities are well aware of the Government's position, which has been conveyed to them on a number of occasions. These concerns were conveyed previously to the US Embassy in Dublin by my Department and were raised by the Taoiseach when he met President Bush on 17 March in the White House. In all contacts with the US authorities on the issue we have been assured that they are keenly aware of their obligations under international humanitarian law.

Dr. Jakob Kellenberger, president of the International Committee of the Red Cross, ICRC, during a visit to Ireland in January, stressed the ICRC's position that under the Geneva Convention, the Guantanamo detainees should be given the status of POWs, unless a "competent tribunal" decides otherwise, which as the Deputy knows, has not been the situation with these detainees. This has been and remains the consistent view of this Government as well. The US is well aware of international concern about this issue and, as the Deputy may know, the matter is also before the US Supreme Court, where a judgment is expected before the current court session concludes.

Together with our EU partners, the Government recognises the danger posed by terrorist networks such as al-Qaeda and is committed to working with the United States and all our other international partners in the fight against international terrorism. However, the Government and our EU partners are concerned that any action taken in the fight against terrorism should be fully in accordance with the provisions of international human rights and humanitarian law.

The Deputy will also be aware of the Taoiseach's statement on the abuses of Iraqi prisoners being detained at the Abu Ghraib prison.

Question No. 126 answered with QuestionNo. 22.
Question No. 127 answered with QuestionNo. 10.

Bernard J. Durkan

Question:

128 Mr. Durkan asked the Minister for Foreign Affairs the extent to which he has used his good offices during the Irish Presidency to combat slavery and trading in human beings; and if he will make a statement on the matter. [14786/04]

View answer

The Government is fully committed to the active promotion of full observance of universal human rights standards, and opposes and seeks the elimination of all contemporary forms of slavery. Through its participation at international fora such as the UN General Assembly, the UN Commission on Human Rights, the Council of Europe and the OSCE, Ireland raises its concerns in tandem with like-minded countries regarding these issues. These activities have continued during Ireland's current presidency of the EU.

One of the most egregious forms of modern slavery is certainly the forced recruitment and use of children as soldiers in armed conflict. Unfortunately, the practice remains widespread. Therefore, in my opening address to the UN Commission of Human Rights in Geneva in March 2004, I directly addressed the plight of children in armed conflict and urged state parties to speed up the process of ratification of the Rome statute of the International Criminal Court (ICC), which includes, as a war crime, conscription or enlisting children under the age of 15 years or using them to participate actively in hostilities in both international and non-international armed conflicts. In this regard I also reiterated the need to put an end to impunity by bringing to justice any perpetrators of crimes against children.

In addition, my officials are actively leading the development of implementation modalities for the EU Guidelines on Children in Armed Conflict, which were adopted by the European Council on 8 December 2003. At the initiative of the Irish Presidency, the EU, for the first time, delivered a strong statement on contemporary forms of slavery at the Commission on Human Rights, in which the EU reaffirmed its strong commitment to work for the elimination of all forms of this practice.

Also at this year's CHR, we actively supported a decision by consensus to create a new special rapporteur on trafficking in persons, especially women and children. The special rapporteur, who will be appointed for an initial period of three years, will focus on the human rights aspects of the victims of trafficking. Starting in 2005, he/she will submit an annual report to the Commission, together with recommendations, on measures required to uphold and protect the human rights of victims.

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