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Foreign Conflicts.

Dáil Éireann Debate, Wednesday - 24 November 2004

Wednesday, 24 November 2004

Questions (11, 12, 13, 14, 15)

Richard Bruton

Question:

11 Mr. R. Bruton asked the Minister for Foreign Affairs if he will make a statement on the political and security situation in Kosovo. [30023/04]

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Oral answers (21 contributions)

Elections for a new Kosovo assembly were held on 23 October. They were monitored by a Council of Europe observation mission, which included four Irish observers. The elections were organised by the Kosovo authorities and there is widespread agreement that they were conducted in a free and fair manner in line with international standards. Following the tragic violence in Kosovo in March, it was important that the elections and the election campaign took place in a peaceful atmosphere. It is regrettable, however, that almost all the Kosovo Serb community decided not to participate in the elections on the grounds that their security has not been fully assured.

The political parties in Kosovo are engaged in discussions on the formation of a coalition government and an announcement is expected soon. It is essential that when a new government is formed, it should demonstrate clearly its commitment to working with the representatives of minority communities in Kosovo with the objective of building a peaceful and stable multi-ethnic society. Kosovo has been under UN administration, in accordance with Security Council Resolution 1244, since the end of the conflict in 1999. The EU fully supports the UN mission in Kosovo which is working with the provisional institutions of self-government to implement European standards in the rule of law, human rights and the protection of minorities in advance of consideration of the constitutional status of Kosovo. The EU has stressed the importance of the early formation of a government following the elections which will continue to work towards the review of progress on the implementation of standards which will be carried out in mid-2005. If the outcome of the review is positive, it will be followed by a process of negotiation to agree the status issue. These negotiations will inevitably be complex and difficult with implications for the western Balkans region.

The European Union remains firmly committed to a multi-ethnic, democratic Kosovo in which the rights of all communities are fully protected. The ethnically motivated violence in March this year was undoubtedly a major setback for Kosovo. Some 19 people were killed and widespread damage was caused to property owned by members of the Kosovo Serb community. Work is under way on the reconstruction of property and it is essential that its early completion remains a priority for the new government.

The security situation has stabilised since March, although it remains tense. There are 213 Irish troops serving with KFOR, the UN-mandated peacekeeping force in Kosovo. I underline the deep appreciation of the Government for the key role being played by members of the Defence Forces in ensuring security and stability in Kosovo.

During Ireland's EU Presidency, the European Council and the General Affairs and External Relations Council paid close attention to developments in Kosovo. The situation will remain high on the agenda of the Council in the months to come. The EU will continue to work closely with the UN mission in Kosovo, and especially with Mr. Soren Jessen-Petersen, the special representative of the UN Secretary General, in preparation for the crucial review of the implementation of standards next year. The EU will also remain in close contact with the US and the wider international community to ensure the eventual process to address the question of Kosovo's final status will also contribute to the stability of the western Balkans region.

Will the review undertake an examination of law and order, security and human rights issues? Will the Minister of State inform the House of his views on the possible appointment of Ramush Haradinaj as prime minister in Kosovo? This man is believed to be under investigation by the international criminal tribunal for the former Yugoslavia. How can his elevation to the post of Prime Minister tally with the so-called progress being made in recent times?

Following the election, the largest party in the new Kosovo assembly will be the Democratic League of Kosovo, the LDK, which is led by the current President Ibraham Rugova. The LDK received 45% of the vote, winning 47 seats. The Democratic Party of Kosovo, the PDK, to which the current Prime Minister Bajram Rexhepi belongs, received 29% of the vote and won 30 seats. The largest of the smaller parties, the Alliance for the Future of Kosovo, the AAK, won eight seats.

Discussions have been taking place between the political parties in Kosovo on the formation of a coalition government. A framework agreement for a coalition government was reportedly reached last week. It is expected that a new government will be announced in the very near future. There have been widespread media reports that President Rugova will remain as president and that his party will enter coalition with the smaller AAK. It has been reported that the leader of the AAK, Mr. Ramush Haradinaj, will be appointed prime minister, but no official announcement has yet been made. Mr. Haradinaj is a former commander of the Kosovo Liberation Army, the KLA. He has not been indicted by the International Criminal Tribunal for the former Yugoslavia, but representatives of the tribunal asked to interview him recently in relation to the killing of Kosovo Serbs in the late 1990s. He agreed to the interview which took place in Kosovo on 11 and 12 November. The Government fully supports the work of the tribunal and expects the fullest possible co-operation with the tribunal from all persons and administrations.

The European Union and the international community will work with whatever government is formed as a result of the democratic elections in October last if it is committed to a truly multi-ethnic Kosovo where the rights of all communities are fully protected. The year ahead will be crucial for all of the people of Kosovo. It is essential that the Kosovo Serb community has the confidence that it can participate in a meaningful way in decision making and that its security is assured.

Does the Government support Kosovan independence?

The Government fully supports the implementation of Security Council Resolution 1244 which was adopted in 1999 following the end of the conflict in Kosovo. In accordance with Resolution 1244, Kosovo remains under UN administration pending resolution of the final status issue. The international community has given its full support to the UN mission in pursuing the "standards before status" policy. This involves working with the provisional institutions of self-government to implement, broadly, European standards in Kosovo in areas such as human rights and the protection of minorities in order to create conditions in which the final status issue can be resolved.

I wanted a "yes" or "no" answer.

Does the Government support Mr. Haradinaj's elevation to prime minister while he is still under investigation by the International Criminal Tribunal?

The Government is fully committed to a democratic process in Kosovo and we respect the right of the people who were elected to parliament to have discussions and form a government. With the European Union and the UN, we fully support a conclusion that will give consensual progress and ultimately full democracy, taking into account the multi-ethnic rights of every community and every individual in Kosovo.

Michael D. Higgins

Question:

12 Mr. M. Higgins asked the Minister for Foreign Affairs his views on breaches of the Geneva Convention which may have arisen during the recent assault on Falluja; if he has expressed concern in this regard to representatives of the occupying forces; and if he will make a statement on the matter. [30073/04]

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Dan Boyle

Question:

22 Mr. Boyle asked the Minister for Foreign Affairs his views on whether the assault of Falluja by the US forces will assist in progress towards democracy in Iraq; and if he will make a statement on the matter. [30265/04]

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Róisín Shortall

Question:

42 Ms Shortall asked the Minister for Foreign Affairs if his attention has been drawn to recent statements from Amnesty International expressing deep concern that the rules of war protecting civilians and combatants have been violated in the current fighting in Falluja; if he has expressed concern to British or US authorities that international law is being contravened during this attack; and if he will make a statement on the matter. [30097/04]

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Paul Nicholas Gogarty

Question:

105 Mr. Gogarty asked the Minister for Foreign Affairs if he has protested to the US Government regarding the killings in Falluja of unarmed injured insurgents by US soldiers; and if he will make a statement on the matter. [30269/04]

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I propose to take QuestionsNos. 12, 22, 42 and 105 together.

I refer the Deputies to my answer to Priority Question No. 4, answered today which was as follows. I am sure all Members of the House share our concern about large-scale military operations being launched in a built-up area. The decision to launch the operation to regain control of Falluja was taken by the Iraqi Government, which made clear its view that regaining control of such areas is a vital pre-requisite to holding elections and restoring stability to that country. Although most of the population is said to have left the city before the operation began, it seems clear from the scale of the fighting and from initial reports, that there will have been civilian casualties.

While it is evident that the insurgent forces show no regard for international law, it is essential that the forces of the Iraqi Interim Government and those of the multinational force, assisting the interim government under a mandate from the UN Security Council, should operate according to the highest international standards.

I want to ask about a specific matter which goes beyond the content of Question No. 4, which I asked earlier. When and to whom did the Government express concern after the assault on Falluja? When did it contact the British Government? Did it contact the United States Government? Did it contact Acting Premier Alawi? To whom did it address its concern? When was it expressed? In what form was it in terms of compliance with the Geneva Convention?

The Government at all times——

That is not the question.

The Government at all times raises these issues at every opportunity. The United States authorities are very well aware of the Government's view.

That is not the question. The question is whether there has been a specific post-Falluja contact on behalf of the Government regarding breaches of the Geneva Convention with the British, US or interim government in Iraq.

There have been several contacts and communications between our officials and the officials of the American administration pertaining to this situation. We have been assured at all times that the highest possible international standards have been executed and that consultation has taken place to ensure the protection not alone of civilians who are there but also of people who come in to assist, such as the Red Cross and others and their agents.

The Minister did not answer the question. He mentioned in reply to a previous question that the then Minister, Deputy Cowen, had met President Bush. I want to know whether representations have been made at ministerial level in respect of the attack at Falluja.

The Minister mentioned that the insurgents had little respect for international law. Does the Minister believe the soldier we saw on a videotape which was broadcast around the world who shot an unarmed person in a building had respect for international law or for the Geneva Convention? Will he condemn that outrageous act here in this House?

All of these issues were raised at the recent European Council meeting where Dr. Alawi met heads of state and ministers for foreign affairs. The event that appeared on television was horrendous and tremendously sad. We have been assured that this matter is being fully investigated, that the soldier has been removed from the situation——

That is not the issue. The issue is the breach of the Convention, and the Minister knows it.

Does the Minister condemn it?

That matter is being investigated. We await the outcome of that investigation. We await reports from the EU and the UN. We are confident such reports will be made available, and when they are we will make them available to Deputies.

The Minister cannot bring himself to condemn it.

Written answers follow Adjournment Debate.

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