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Dáil Éireann díospóireacht -
Wednesday, 23 Oct 1996

Vol. 470 No. 5

Written Answers. - Foreign Policy on Burma.

Kathleen Lynch

Ceist:

46 Kathleen Lynch asked the Tánaiste and Minister for Foreign Affairs if he has considered sending an EU Troika mission to Burma and the border regions with a view, inter alia, to its engaging in direct talks with Daw Aung San Suu Kyi and other leaders of the Burmese democracy movement, in view of the importance of full and accurate information regarding the situation in Burma in assessing economic and political relations with the Burmese regime; and if he will make a statement on the matter. [19475/96]

Kathleen Lynch

Ceist:

47 Kathleen Lynch asked the Tánaiste and Minister for Foreign Affairs the steps, if any, which have been taken by him and the EU to ensure access to prisons and detention centres by the International Committee of the Red Cross in view of the appalling prison conditions known to exist in Burma. [19476/96]

Kathleen Lynch

Ceist:

48 Kathleen Lynch asked the Tánaiste and Minister for Foreign Affairs the plans, if any, which exist for members of the State Law and Order Restoration Council regime in Burma to visit Ireland during Ireland's Presidency of the EU; if so, the purpose of such visits; the proposals, if any, he has to request the Council of Minister to consider refusing EU visas to all members of the Burmese military regime on foot of similar action taken by the United States of America; and if he will make a statement on the matter. [19477/96]

Kathleen Lynch

Ceist:

49 Kathleen Lynch asked the Tánaiste and Minister for Foreign Affairs if he will consider requesting the EU to investigate all bank accounts held by members of the Burmese military regime with a view to freezing such accounts. [19478/96]

Kathleen Lynch

Ceist:

52 Kathleen Lynch asked the Tánaiste and Minister for Foreign Affairs the proposals, if any, he has to sponsor a strong resolution on Burma at the UN with a view to immediate steps being taken by the UN to ensure democracy and respect for human rights in Burma, encouraging the Secretary General to hold discussions with the Burmese authorities in order to stimulate progress towards democracy and national reconciliation; and if he will make a statement on the matter. [19481/96]

Kathleen Lynch

Ceist:

53 Kathleen Lynch asked the Tánaiste and Minister for Foreign Affairs the policy adopted by Ireland and the EU in regard to provisions for Burmese students whose full-time education has been interrupted. [19482/96]

Kathleen Lynch

Ceist:

54 Kathleen Lynch asked the Tánaiste and Minister for Foreign Affairs if he will give an assurance that the EU will press for free and unhindered access to Burma for independent human rights and humanitarian non-governmental organisations; and the steps, if any, being taken to ensure such access. [19483/96]

Kathleen Lynch

Ceist:

55 Kathleen Lynch asked the Tánaiste and Minister for Foreign Affairs the steps, if any, the EU has taken to ascertain the extent of Burma's alleged involvement in the international heroin trade; and the measures, if any, the EU intends taking in this regard. [19484/96]

Kathleen Lynch

Ceist:

56 Kathleen Lynch asked the Tánaiste and Minister for Foreign Affairs the steps, if any, which have been taken by the EU to investigate allegations that the United Kingdom is continuing to export arms to Burma in spite of the declaration on Burma of 19 July 1991, when the EU took a decision to ban the sale of arms to Burma; the sanctions available to the EU in the event of a member state contravening such a decision; and if he will make a statement on the matter. [19485/96]

Kathleen Lynch

Ceist:

57 Kathleen Lynch asked the Tánaiste and Minister for Foreign Affairs the guidelines, if any, which have issued for companies in the semi-State sector which might tender or consider tendering for consultancies in Burma or which might consider entering joint venture projects in Burma. [19486/96]

Kathleen Lynch

Ceist:

58 Kathleen Lynch asked the Tánaiste and Minister for Foreign Affairs the advice his Department is giving Irish citizens intending to visit Burma. [19487/96]

Kathleen Lynch

Ceist:

59 Kathleen Lynch asked the Tánaiste and Minister for Foreign Affairs if he will consider entering into dialogue with and offering material assistance to the National Coalition Government of Burma in exile, as part of the ongoing process of achieving democracy in Burma, as the Danish Government has done; and if he will make a statement on the matter. [19488/96]

Kathleen Lynch

Ceist:

60 Kathleen Lynch asked the Tánaiste and Minister for Foreign Affairs the current position being taken by the EU in view of the International Labour Organisation's condemnation of Burma's continuing record of forced labour and forced porterage, particularly of members of Burma's ethnic minorities in military and civilian infrastructural projects. [19489/96]

Kathleen Lynch

Ceist:

61 Kathleen Lynch asked the Tánaiste and Minister for Foreign Affairs the plans, if any, he has to request the Council of Ministers to provide EU assistance to the National Coalition Government of Burma; and if he will make a statement on the matter. [19490/96]

Kathleen Lynch

Ceist:

62 Kathleen Lynch asked the Tánaiste and Minister for Foreign Affairs the way in which Ireland and the EU will respond to the call for a trade and investment boycott and sanctions to be imposed on the State Law and Order Restoration Council by Daw Aung San Suu Kyi, whose party, the National League for Democracy, won the majority of seats in the May 1990 elections. [19491/96]

I propose to take Questions Nos. 46 to 49, inclusive, and 52 to 62, inclusive, together.

I have already advised the House, most recently in the course of the Adjournment debate on 10 October 1996, of my two meetings with Burmese Foreign Minister, Mr. Ohn Gyaw, in Jakarta on 22 July 1996 and in New York on 26 September 1996. There are no immediate plans for a mission by the EU Troika to Burma and the border regions. Diplomatic representatives of EU member states accredited to Burma are in regular contact with Daw Aung San Suu Kyi and other members of the National League for Democracy and a wide spectrum of information regarding the situation in Burma is being provided to the EU on a continuing basis.

In the resolution adopted at last year's United Nations General Assembly which Ireland supported, the Burmese authorities were urged to give particular attention to conditions in the country's jails and to allow the International Committee of the Red Cross to communicate freely and confidentially with prisoners.

I have raised with Foreign Minister Ohn Gyaw, on both occasions when I met him, the serious matter of the circumstances leading up to and surrounding the death of Mr. James Leander Nichols in Insein Prison on 22 June 1996. I am still awaiting a satisfactory explanation from the Burmese authorities. I also informed Mr. Ohn Gyaw that the EU Presidency has requested the United Nations Working Party on Arbitrary Detention and Imprisonment to visit Burma to examine, inter alia, the manner whereby those who have been detained or imprisoned are being treated.

I am not aware of any plans for members of the State Law and Order Restoration Council to visit Ireland during the current EU Presidency. I am, of course, aware of the recent action which was taken by the United States of America regarding the imposition of visa restrictions and the subsequent reciprocal action which has been taken by the Burmese authorities. A number of restrictive measures have already been adopted by the European Union, including expulsion of all military personnel attached to the diplomatic representations of Burma in member states of the European Union, and withdrawal of all military personnel attached to diplomatic representations of the member states of the European Union in Burma; an embargo on arms, munitions and military equipment; and suspension of development co-operation with Burma, with the exception of humanitarian assistance. Exceptions may be made for projects and programmes in support of human rights and democracy as well as those concentrating on poverty alleviation and, in particular, the provision of basic needs for the poorest section of the population, in the context of decentralised co-operation through local civilian authorities and non-governmental organisations. The European Union is actively considering the adoption of further possible restrictive measures.
The question of the investigation of bank accounts is a matter for individual EU member states and is governed by the respective legislation relating to this matter in the individual jurisdictions. As regards Ireland's criminal law, the Criminal Justice Act, 1994, provides for the confiscation, on conviction of a drug trafficking offence or other indictable offence, of property judged to represent the benefits of that offence. Provision is also made for the initial freezing of property as part of this process. In addition, the Proceeds of Crime Act, 1996, provides for a separate procedure whereby the High Court may, on application, order the freezing and ultimate disposal of the proceeds of crime.
The concerns of the EU with regard to the situation in Burma were expressed in its memorandum to the 51st UN General Assembly, which accompanied the address I delivered on behalf of the Union to the General Assembly last month. A copy of the memorandum has been placed in the Oireachtas Library.
The question of human rights in Burma will also be addressed in the near future in the Third Committee of the United Nations General Assembly, currently under way in New York. It is expected that a draft resolution will be considered.
The Irish delegation will, of course, support a satisfactory draft resolution which reflects our concerns. It will seek to ensure the widest possible support for such a resolution. We hope that this resolution will express grave concern that the Government of Burma has still not implemented its commitment to take all necessary steps towards democracy in the light of the results of the elections held in 1990 and voice concern at the reports by the UN Special Rapporteur at the continued violations of human rights in Burma, including killings of civilians, arbitrary arrest and detention, restrictions on freedom of expression and association, torture, forced labour, abuse of women and the imposition of oppressive measures directed at ethnic and religious minorities.
I would be interested in examining any specific cases with regard to the provision of assistance to Burmese students whose full-time education has been interrupted.
I have already informed the House that the EU has requested the Special Rapporteur on Myannmar to investigate the death of Mr. Nichols and the UN High Commissioner on Human Rights to take action on Burma. I will continue to seek the free and unhindered access to Burma for independent human rights and humanitarian non-governmental organisations.
In 1995 Burma is estimated to have produced 2,340 tonnes of opium which, potentially, would form the basis for 195 tonnes of heroin. Burma is the world's largest opium producer and the regime has little authority over the opium producing areas largely in the Shan State which are dominated by ethnic insurgent groups. The nature of the regime in Burma and its bad record in the field of human rights as well as serious doubts about its commitment to the eradication of opium production and trafficking have not permitted the EU to engage directly with the Burmese authorities in the drugs area. The United Nations International Drug Control Programme, UNDCP, is the main body engaged in the drug problem in this region. It is involved in pilot projects in alternative development in Burma and in efforts to establish precise production figures.
In January 1996, one of the principal producers of opium, Khun Sa, surrendered with several thousand of his Mong Tai Army troops following secret negotiations with the Burmese authorities. Khun Sa was believed to control most of the heroin laboratories in the Burma-Thai border area and was held responsible for handling 50 per cent of all heroin produced in the region. It is still too soon to say what impact this surrender will have on the export of heroin from Burma. The EU is engaged with the ASEAN countries in efforts to deal with the drug problem in the region.
The arms embargo already introduced by the European Union covers weapons designed to kill and their ammunition, weapon platforms, non-weapon platforms and ancillary equipment. Also covered are spare parts, repairs, maintenance and transfer of military technology. Contracts entered into prior to the date of entry into force of the embargo are not affected by this EU Common Position. I am not aware that the United Kingdom is in breach of this arms embargo.
As regards commercial relations with Burma involving companies in the semi-State sector this would be governed by,inter alia, the current export control regulations.
Irish citizens seeking travel information on Burma from the Department of Foreign Affairs are advised that they are required to keep to officially designated tourist areas and that travelling within the country other than by train, road, river or air is not recommended, nor is cycling, ballooning or hiking in remote areas. We also advise them that visitors may face unwelcome attention from the authorities in areas recently opened to foreigners and that it is not permitted to photograph military installations or personnel.
Irish visitors to Burma are advised not to attempt to enter the country by road from Thailand and that overland entry from China may be permitted at several border points, but is not guaranteed. Advice about entry from China should be sought in advance from the Burmese authorities. People travelling should seek medical advice beforehand and obtain any inoculations that may be recommended. They should also have travel insurance, including evacuation by air.
I have no plans at present to enter into dialogue or to offer material assistance to the National Coalition Government of Burma in exile. However, I am prepared to examine any proposals which might be made in this regard.
In January of this year, the European Commission initiated an investigation into allegations of the use of forced labour in Burma. The investigation was initiated following complaints by the European Trade Union Conference and the International Confederation of Free Trade Unions and it is being carried out in the context of the EU's Generalised System of Preferences.
Ireland was represented at recent hearings which formed part of the investigation. The Commission report on the investigation is expected early in 1997. The Council of Ministers can be expected to take an early decision on any recommendations contained in that report regarding the continued application of the benefits of the Generalised System of Preferences to Burma.
I would urge the Government of Burma to comply with its obligations under the International Labour Organisation Convention No. 29, prohibiting the practice of forced labour and forced portering. In this connection, the Burmese authorities should urgently take the appropriate measures to repeal the offending legal provisions under the Villages Act and the Towns Act to prevent the continuation of the practice of forced labour. In this regard, I would encourage the Government of Burma to co-operate with the ILO to that end.
I do not have any current plans to request the EU Council of Ministers to provide assistance to the National Coalition Government in exile of Burma.
In relation to an EU trade and investment boycott I refer to my reply to Question No. 103 of 25 September 1996.

Kathleen Lynch

Ceist:

50 Kathleen Lynch asked the Tánaiste and Minister for Foreign Affairs the contingency plans, if any, which have been made by the EU should the military repression in Burma result in open conflict and thus causing a flood of refugees to the Bangladeshi and Thai borders. [19479/96]

Kathleen Lynch

Ceist:

51 Kathleen Lynch asked the Tánaiste and Minister for Foreign Affairs if he will outline EU supports available to refugees from Burma; whether he will give an assurance that such support will continue and that any repatriation programmes will be subject to full United Nations High Commissioner for Refugees monitoring, together with independent access by the International Committee of the Red Cross. [19480/96]

The Government, with its EU partners, remains deeply concerned about deteriorating human rights in Burma and the resulting flow of refugees into Bangladesh and Thailand. The European Community Humanitarian Office, ECHO, has provided more than £720,000 in humanitarian relief to refugees on the Thai-Burmese border. The provision of further aid to Burmese refugees is under consideration in the light of evolving circumstances.

In the event of any further deterioration in the situation, Ireland, in consultation with the other EU member states and the Commission, will take appropriate steps with a view to ensuring that the humanitarian interests of the refugees will be protected to the maximum extent possible.

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