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Dáil Éireann díospóireacht -
Thursday, 14 Dec 1978

Vol. 310 No. 9

Written Answers. - Human Rights.

173.

asked the Minister for Foreign Affairs if it is the policy of the Government to sign and ratify United Nations covenants on human rights; the position as regards signature and ratification of the following covenants and conventions, and the reasons in each case for failure to sign and/or ratify them: (1) Covenant on Economic, Social and Cultural Rights (adopted 16 December 1966); (2) Covenant on Civil and Political Rights (adopted 16 December 1966); (3) Convention for the Elimination of Racial Discrimination (adopted 21 December 1965); (4) Optional Protocol to the International Covenant on Civil and Political Rights (adopted 16 December 1966); (5) Convention on Minimal Age for Marriage (adopted 7 November 1962); (6) Convention for the International Rights to Correction (adopted 16 December 1952); (7) Convention for the Suppression of Traffic in Persons and Prostitution (adopted 2 December 1949); and (8) Convention for the Suppression and Punishment of the Crime of Apartheid (adopted 30 November 1973).

It is the general policy of the Government to support the promotion of human rights in whatever way possible at the international level. In this context, United Nations instruments dealing with human rights are kept under review with a view to signature and ratification, or accession, as soon as possible, where this is appropriate.

The position regarding the first four instruments to which the Deputy refers has been outlined in reply to Questions Nos. 223 and 225 on 7 December last. The position regarding the other four instruments is as follows: The Convention on the Minimal Age for Marriage came into force on 9 December 1964. Since the enactment of the Marriages Act 1972, which became fully operative in 1975, consultations have been held with other Departments involved and with the Law Reform Commission on the question of whether our law is now in accordance with the obligations set out in this Convention. Consideration is also being given to the private international law implications of the Convention. I hope that these consultations will be concluded shortly to enable a decision to be taken on the question of accession to the Convention.

The Convention on the International Right of Correction was adopted by the General Assembly on 16 December 1952, before Ireland became a member of the UN, and entered into force on 24 August 1962. I should perhaps explain that the Convention is not directed towards breaches of human rights as such but provides that a contracting state may issue a communique when a news report which it considers false or distorted is circulated. Other contracting states within the territory of which the report has been circulated must then forward the communique to correspondents and information agencies within their territory. To date only ten states have become parties to the Convention. It is my view that the procedure outlined would not be of particular value to us, particularly as so few states have become parties. In the circumstances I do not intend at present to propose to the Government that Ireland accede to the Convention.

The Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others came into force on 25 July 1951. This Convention is the latest in a series of international Conventions relating to the suppression of traffic in persons and refers in its preamble to the feasibility of consolidating a number of international instruments already in force on the subject. Ireland is already a party to all of the instruments enumerated—four Conventions as amended by two Protocols—and we are, therefore, already implementing to a large extent the provisions of this Convention. Some legislation would be necessary before we could accede to the Convention. I intend to keep the matter under review but I do not think that this legislation would be a priority at the present time.

The International Convention on the Suppression and Punishment of the Crime of Apartheid came into force on 18 July 1976. When the General Assembly of the United Nations adopted the Convention and opened it for signature in 1973, Ireland abstained. I would not propose to seek authority from the Government to accede to this Convention, to which no Western European country is a party. Deputies are aware of my strong feelings about apartheid but I would not favour accession to a Convention which would require us to exercise criminal jurisdiction in respect of acts and offences, imprecisely defined, committed outside our territory by persons who are not our nationals. I should also mention that apartheid falls within the ambit of, and is specifically condemned in, the Convention on the Elimination of all Forms of Racial Discrimination.

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