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Human Rights Issues.

Dáil Éireann Debate, Thursday - 9 December 2004

Thursday, 9 December 2004

Questions (162, 163)

Aengus Ó Snodaigh

Question:

159 Aengus Ó Snodaigh asked the Minister for Foreign Affairs if his attention has been drawn to the demolition of the home of a person (details supplied) on 1 December 2004, in preparation for which Israeli and international members of the Israeli Committee Against House Demolitions were dragged from the house by the Israeli security forces; and if he will raise this matter with the Israeli authorities. [32952/04]

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Written answers

I have asked the embassy in Tel Aviv and our representative office in Ramallah to make inquiries into this particular case. On the general issue of the demolition of Palestinian homes, I emphasise that the Government has, on many occasions, expressed its concerns to the Israeli authorities about such demolitions. EU Ministers have likewise called on the Israeli authorities to cease such demolition and the Quartet emphasised last May that Israel should refrain from demolition of Palestinian homes and property, whether as a punitive measure or to facilitate Israeli construction.

Aengus Ó Snodaigh

Question:

160 Aengus Ó Snodaigh asked the Minister for Foreign Affairs the position taken on the EU embargo on weapons sales to China; the conditions under which he would be prepared to support the lifting of the embargo; if his attention has been drawn to the position of the European Coalition Against the Lifting of the EU’s Embargo on Weapons Sales to China on this matter; the human rights concerns raised by the Irish delegation at the EU-China summit; and if he has made representations to the Chinese authorities with respect to the death sentence imposed on Tenzin Delek Rinpoche, which could be carried out at any time between now and 23 January 2005. [32953/04]

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An embargo exists on trade in arms and related materials between EU member states and China and has been in place since the events in Tiananmen Square, in June 1989. This embargo forbids trade in arms and related material of all types, such as weapons, ammunition, military vehicles and equipment.

I am aware of the position of the European Coalition against the Lifting of the EU's Embargo on Weapons Sales to China, which, in a statement issued on 3 December 2004, called on the EU to retain its embargo on the sale of arms to China. The Government will continue to examine this issue with our EU partners, considering our overall relationship with China, our ongoing commitment to human rights and the broader regional and international context. The Government's approach has been conveyed to the Chinese authorities, most recently during talks with Vice-Premier Huang Ju on 16 November 2004, and also by the Taoiseach during his discussions with Premier Wen when they met in the margins of the ASEM summit, in Hanoi, on 9 October 2004.

The issue was again discussed by the GAERC on 22 November 2004, in the context of preparation of the EU-China summit, which took place at The Hague on 8 December 2004. Ministers agreed at the GAERC that the EU was ready to give a positive signal to China on lifting the embargo. However, they agreed that before lifting the embargo, work must be completed on strengthening the EU code of conduct on arms exports, which sets out criteria governing all arms exports from the EU. In addition, the Union would hope for further demonstration by the Chinese authorities of their good intentions in regard to human rights.

The issue of the arms embargo against China was discussed at the EU-China summit. The EU side confirmed its political will to continue to work towards lifting the embargo. The Chinese side welcomed this positive signal and considered it beneficial to the sound development of the comprehensive strategic partnership between China and the EU. The EU reaffirmed that work on strengthening the application of the European Union code of conduct on arms exports was continuing.

As has been consistently stated, Ireland and our EU partners take concerns about human rights in China very seriously. These matters are regularly, and on an ongoing basis, raised with the Chinese Government. In line with EU convention in these matters, individual member states were represented by the Presidency at the EU-China summit, where human rights issues were raised with the Chinese. The leaders underlined the importance of concrete steps in the field of human rights and reaffirmed their commitment to further enhance co-operation and exchanges in this field on the basis of equality and mutual respect.

Human rights concerns are also raised at a bilateral level. Most recently, the Tánaiste, Deputy Harney, and I held official talks with the Chinese Vice-Premier, Mr Huang Ju, in Dublin Castle, on 16 November 2004, during which we again raised our concerns about human rights. The Chinese Vice-Premier, in response, informed us of the measures his government is taking in the field of human rights, including the addition of an express provision on human rights to China's constitution earlier this year.

The Taoiseach also raised the issue of human rights with the Chinese Premier, Wen Jiabao, during his visit to Ireland in May 2004. During his discussions, he outlined Ireland's strong commitment to the protection of human rights and fundamental freedoms. Both sides agreed on the importance of co-operation and dialogue in working together to bring about respect for international obligations. In his capacity as President of the EU Council, my predecessor also raised human rights concerns during the EU Foreign Ministers Troika meeting with China on 19 April 2004.

During the Irish Presidency, and in conjunction with our EU partners, we organised the first EU-China seminar on the ratification of the International Covenant on Civil and Political Rights, ICCPR, which took place in Beijing, on 30 June and 1 July 2004. The purpose of the seminar was to provide technical assistance to China in preparation for its ratification of the ICCPR. A subsequent EU-China seminar on the ratification of the ICCPR took place in The Hague on 8 and 9 November 2004.

The EU-China human rights dialogue, established in 1996, is the agreed formal framework through which the EU raises its concerns about individual human rights cases and more general issues, such as the protection of freedom of religion and expression. The most recent round of the EU-China human rights dialogue took place in Beijing on 24 September 2004. The specific case of Tenzin Delek Rinpoche was raised during the dialogue. The Chinese authorities replied that his appeal against the death sentence, suspended for two years, originally handed down in his case, was rejected on 23 January 2003. Under Article 52 of the criminal law, if a person sentenced to death with suspension of execution does not intentionally commit a crime in that period, his sentence may be reduced to a term of imprisonment of between 15 and 25 years. The period of suspension will end on 23 January 2005.

At the request of Ireland and a number of other EU partners, this case was raised again on 25 November during a démarche carried out in Beijing by the local EU Troika. This démarche, while expressing the EU’s continuing concerns about the trial and conviction of Tenzin Delek Rinpoche, urged China not to carry out the sentence of death during the remainder of the two year period and to commute his sentence to one of imprisonment. The Troika emphasised that execution of the death penalty would negatively affect EU relations with China. In response to concerns expressed by the EU Troika about the lack of legal representation by Tenzin Delek Rinpoche at his trial, the Chinese side informed the Troika that he did have legal representation during his trial and conveyed the names of his two lawyers.

Ireland, together with our EU partners, will continue to keep these matters under review and encourage the Chinese authorities to respect fully human rights.

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