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Wednesday, 19 Feb 2014

Written Answers Nos. 72-78

Foreign Conflicts

Questions (72)

Bernard Durkan

Question:

72. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade the degree to which he and his colleagues throughout the EU continue to provide support for democracy in the Ukraine; the extent to which the international community in general continues to be involved in this regard; if efforts are being made to intercede with the Russian authorities; and if he will make a statement on the matter. [8588/14]

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Written answers

The European Union continues to be actively engaged in facilitating the search for a peaceful and negotiated solution to the crisis in Ukraine. The Foreign Affairs Council has discussed the situation at each of its meetings since the crisis began in November. Council Conclusions have set out our expectations in the clearest terms including the absolute obligation of the authorities to respect and protect the fundamental rights of the Ukrainian people to association. The Council has stated that a democratic solution must be sought through inclusive dialogue which meets the aspirations of the Ukrainian people.

For her part, High Representative Ashton has made several visits to Kiev. I want to take this opportunity to commend her for her tireless efforts on behalf of the EU and indeed the Ukrainian people. As of now, there have been six EU visits in all since January. The EU remains committed to Ukraine’s political association and economic integration based on respect for common values. The Union is also ready to continue its efforts with the international community and international financial institutions to assist Ukraine, in line with well-established conditions, to find a sustainable way out of its difficult economic situation.

The Council of Europe and Organisation Security and Cooperation in Europe (OSCE) are also closely involved in the search for a peaceful and negotiated settlement based on inclusive dialogue. In that regard, I should mention, in particular, the Council of Europe’s Advisory Panel which is to investigate the violent incidents during the protests. As I have stated elsewhere, I believe that this panel could be an effective mechanism in helping to defuse tensions.

The situation in Ukraine was discussed at the most recent EU-Russia Summit which took place in Brussels on 28 January.

Human Rights Issues

Questions (73)

Bernard Durkan

Question:

73. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade the current position regarding to efforts to achieve the release of Yulia Tymoshenko; the extent to which violations of her human rights have been established and addressed; if the international community has done enough by way of support of her position; and if he will make a statement on the matter. [8589/14]

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Written answers

I am on record expressing concern over the ongoing detention of the former Prime Minister of Ukraine, Yulia Tymoshenko and refer the Deputy to my statement to the Dáil of 2 October last. I have raised the matter in bilateral meetings with the then Prime Minister of Ukraine, Mykola Azarov and Foreign Minister Leonid Kozhara.

The judgment of the European Court of Human Rights (ECHR) on 30 April 2013, which ruled that Ms Tymoshenko had been unlawfully detained, reinforced the concerns expressed repeatedly by Ireland and its EU partners over her situation. As the Deputy is aware, High Representative Catherine Ashton and Commissioner Stefan Füle issued a joint statement in response to the Court’s judgment, which urged the Ukrainian authorities to reconsider Ms Tymoshenko’s imprisonment and to implement fully all rulings of the ECHR. My full support for this statement is already on record.

The EU’s position is as set out in the Conclusions of the 10 December 2012 Foreign Affairs Council and in the joint statement of the EU-Ukraine Summit of 25 February 2013: that Ukraine must address convincingly three key areas including the issue of selective justice. A positive step on Ms Tymoshenko’s imprisonment would be extremely helpful and send a powerful signal in that regard.

The European Parliament’s monitoring mission to Ukraine, which was led by the former President of Poland, Aleksander Kwaœniewski, and the former President of the European Parliament, Pat Cox, engaged actively with the Ukrainian authorities on the issue of selective justice in Ukraine, including Ms Tymoshenko’s case. The mission met with her in hospital in Kharkiv frequently during the course of their mission and, in October 2013, called on President Yanukovych to release her for medical treatment on health and humanitarian grounds by way of pardon.

Regrettably, a Presidential pardon has not been forthcoming nor was the Ukrainian parliament able to reach agreement on a draft law that would permit Ms Tymoshenko to leave Ukraine for medical treatment. The unfolding crisis in Ukraine since November may also have affected early prospects for progress. While many protestors have called for her release, the ongoing tense political situation may perhaps have overshadowed Ms Tymoshenko’s particular case.

Nevertheless, together with our EU partners, Ireland will continue to press for progress in addressing the issue of selective justice – including the individual case of Ms Tymoshenko – in our bilateral and multilateral contacts with Ukraine.

EU Enlargement

Questions (74)

Bernard Durkan

Question:

74. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade the extent to which European Union enlargement continues to remain to the forefront with particular reference to specific candidate countries; if adequate process is being made in this regard; and if he will make a statement on the matter. [8590/14]

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Written answers

Enlargement remains very much to the forefront of EU policy. Progress is being made in bringing aspirant countries closer to EU membership, gradually aligning their national systems with the EU acquis communautaire.

In terms of the candidate countries, following an agreement reached under the Irish Presidency, a new chapter in Turkey’s accession negotiations was formally opened last year, for the first time in three years. Accession negotiations are underway with Montenegro, with seven negotiating chapters now open, of which two have been provisionally closed.

Iceland is still officially a candidate for EU membership, although accession negotiations are currently on hold, following a decision of the Icelandic government last year.

In a major development, in January of this year, Serbia began accession negotiations with the EU.

Regarding Macedonia, the EU will revert in June of this year to the issue of whether to open accession negotiations with that candidate country.

The EU is looking forward to a decision regarding granting candidate status to Albania in June of this year, on the understanding that it continues to build on the encouraging progress made so far.

Kosovo is progressing on its path towards EU membership, with negotiations underway on a Stabilisation and Association Agreement (SAA).

Bosnia, on the other hand, is at a standstill on its path towards the EU, due to a failure of the leadership of that country to agree on important reform measures necessary for it to advance towards Union membership.

Middle East Peace Process

Questions (75)

Bernard Durkan

Question:

75. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade the extent to which, at EU and UN level, sufficient influence continues to be maintained to ensure that all parties to the Middle East peace process remain committed to the principle of addressing the issues needed to bring about an historic and peaceful solution; and if he will make a statement on the matter. [8591/14]

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Written answers

The US-sponsored peace talks began in late July 2013 with the objective of achieving a comprehensive agreement between Israel and Palestine. Talks have proceeded more or less continuously since then. Ireland and the EU have strongly supported this process, which possibly represents the last chance to achieve a negotiated two-state solution. EU High Representative Ashton has maintained close contact with US Secretary of State Kerry throughout the process and has regularly briefed EU Foreign Ministers on developments, most recently at the Foreign Affairs Council on 20th January.

The United States is understood to be working on framework proposals, to be put to both parties, to focus their engagement on the key issues to be resolved.

The Foreign Affairs Council adopted Conclusions in December 2013 which expressed the EU’s support for the ongoing efforts of the parties, and warned against actions that could undermine the negotiations. The Council recalled its previous conclusions which laid down its vision for a two-state solution resulting in an agreement on all final status issues, ending all claims, and fulfilling the legitimate aspirations of both parties. The EU also reiterated its readiness to contribute substantially to post-conflict arrangements for ensuring the sustainability of a peace agreement, if reached. A major package of European political, economic and security support to both parties can be expected in the context of a final status agreement. This includes the offer to Israel and a future state of Palestine of a special privileged partnership with the EU, including increased access to EU markets, facilitation of trade and investment, and enhanced political dialogue and security co-operation.

The EU is also convinced of the positive role that countries in the region can also play in advancing the peace process, and remains committed to the on-going dialogue with the Arab States and the strategic importance of the Arab Peace Initiative in this context.

Middle East Issues

Questions (76)

Bernard Durkan

Question:

76. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade the extent to which progress continues to be made between Iran and the international community in terms of addressing the contentious issues; and if he will make a statement on the matter. [8592/14]

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Written answers

I warmly welcomed the interim agreement, known as the “joint plan of action”, reached on 24 November between the E3+3 (Germany, France and the UK + the US, Russia and China, led by EU High Representative Ashton) and Iran. Given the almost complete lack of progress over almost a decade of negotiations, this was a significant and very welcome development.

According to the agreement, to run for six months with the possibility for this to be renewed, Iran agreed to suspend key aspects of its nuclear programme in return for a limited measure of sanctions relief. The aim is to build confidence on both sides, and provide a window to negotiate a full agreement to settle this issue in the longer term. Ireland fully supports the path set out in the interim agreement.

The agreement came into effect on 20 January, at which time an IAEA report showed that Iran had fulfilled its commitment to suspend certain aspects of its nuclear activity, and the EU and US began easing some sanctions, as agreed, in return. Talks between the E3+3 and Iran on securing a lasting comprehensive agreement began on 18 February in Vienna. These negotiations will not be easy, and will require both Iran and the international community to accept compromises. A lasting agreement is achievable, however, and I strongly support their efforts.

Human Rights Issues

Questions (77)

Bernard Durkan

Question:

77. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade the top ten locations worldwide wherein serious human rights abuses continue; the extent to which efforts are ongoing by the international community in terms of a positive influence at such locations; and if he will make a statement on the matter. [8593/14]

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Written answers

Neither Ireland nor, as far as I am aware, the European Union or the United Nations maintains a list of locations in regard to the greatest human rights violations as requested by the Deputy.

Human rights concerns are central to our foreign policy. Together with our EU partners, Ireland closely monitors the human rights situations in many countries throughout the world. We do this on the basis of information obtained from a variety of sources including both official channels and non-governmental/civil society organisations. Where and when the situation warrants, we make known our concerns about human rights violations to the Governments in question. We do this bilaterally, through the EU or via the positions we take at the UN General Assembly and in the UN Human Rights Council, of which we are a member for the period 2013 to 2015.

We support the use of the full UN human rights machinery in responding to human rights abuses. This includes support for the role of UN Human Rights Treaty Monitoring Bodies, Special Procedure Mandate Holders and for the convening, where appropriate, of Special Sessions of the UN Human Rights Council. The EU regularly makes statements at these bodies on the human rights situations in individual countries and Ireland is fully associated with these statements. The EU also introduces or supports resolutions dealing with specific countries.

Since March 2006, when the UN Human Rights Council was formed, Ireland has engaged proactively with the Universal Periodic Review (UPR) mechanism initiated by the Council. The UPR mechanism allows for the review of the domestic human rights records of all 193 UN Member States approximately every four and a half years, based on human rights obligations under UN human rights and other instruments. Any UN Member State can take part in the interactive dialogue (i.e. the actual examination of the State under review) and submit written questions in advance. Ireland was itself examined under the UPR process on 6 October 2011. The process enables UN Member States to raise issues, some of which would have been identified by members of the public and civil society, and to make recommendations about the protection and promotion of human rights in the State concerned. Ireland has engaged fully with the UPR process and welcomes the open and constructive dialogue associated with it. We have also made numerous interventions during the UPR examination of other states, raising issues of concern such as gender-based violence, freedom of expression, religious freedom, freedom of assembly and the protection of human rights defenders within the State under review.

The EU has adopted Common Positions on certain countries, which attach priority to promoting human rights, democracy, good governance and the rule of law. In addition, the EU conducts human rights dialogues with a number of countries and also raises human rights concerns as part of political dialogue meetings. In June 2012 the EU adopted a Strategic Framework and Action Plan on Human Rights and Democracy.

Ireland and its EU partners have been strong and consistent supporters of the International Criminal Court, recognising it as an essential means of combating impunity for the most serious violations of international humanitarian law and human rights law. The Court’s Prosecutor has opened investigations into a number of country situations and we will continue to monitor this work closely.

Ireland has also consistently taken the lead in negotiating resolutions at the United Nations General Assembly and in the Human Rights Council on the promotion and protection of human rights defenders, as well as on the implementation of EU Guidelines in relation to human rights defenders in third countries, the aim being to ensure that the latter can operate in an environment free from hindrance and insecurity.

Mindful that the risk of human rights violations is greater where political, economic and administrative systems are weak, the Government’s development cooperation programme, Irish Aid, supports concrete actions designed to promote human rights, including strengthening government systems and in-country human rights institutions (in particular through legal training). Legal aid programmes targeted at victims of human rights abuses are also supported. Irish Aid, the aid programme operated by my Department, has a specific focus on governance in several programme countries.

The Government will continue to avail of all the above-mentioned mechanisms and instruments with a view to highlighting violations of human rights and furthering their protection.

Question No. 78 answered with Question No. 68.
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