Dáil Éireann Debate, Thursday - 3 June 2004
99 Mr. Cuffe asked the Minister for Foreign Affairs the view of the Government on the current efforts by the UN working group to draft a treaty against enforced disappearances pursuant to the UN Commission of Human Rights resolution 2001/46 of 23 April 2001; if the Government is supporting the elaboration of this instrument; and the comments that have been made by the Government on the drafts which have been produced to date. [17008/04]
View answerIreland, along with our EU partners, is deeply concerned at the continuing occurrence of the phenomenon of enforced or involuntary disappearances. We also remain gravely concerned at the large number of unsolved cases and at issues of impunity surrounding past cases of forced disappearance.
The Government believes that enforced and involuntary disappearances are a serious and disturbing violation of many human rights and fundamental freedoms. The victims of these crimes are not only the persons who disappeared but also their families, who live for many years in situations of extreme insecurity and anguish. Accordingly, the Government strongly believes that states must take appropriate measures and establish effective procedures to investigate thoroughly all cases of enforced or involuntary disappearances, while simultaneously taking effective steps to combat the problem of impunity. Enforced disappearances are already considered a human rights violation under existing international human rights law and come under the UN Commission on Human Rights.
Ireland, along with its EU partners, welcomed the establishment of the intersessional open ended working group to elaborate a draft legally binding normative instrument for the protection of all persons from enforced disappearance. The first session of the open-ended working group was held from 6-17 January 2003. The second session took place from 12-23 January 2004. Ireland was represented at both sessions and intervened to support the inclusion of non-state actors in the instrument. There will be further meetings of the working group in autumn 2004 and spring 2005. The outstanding issues include non-state actors, whether a separate instrument is required and how to deal with amnesties or pardons.
Ireland hopes that the working group will succeed in reaching agreement on a draft instrument to protect all persons from forced disappearances and that this will become legally binding.
