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Dáil Éireann díospóireacht -
Wednesday, 3 Oct 2001

Vol. 541 No. 2

Written Answers. - Foreign Conflicts.

John Bruton

Ceist:

217 Mr. J. Bruton asked the Minister for Foreign Affairs if it is his understanding that the State of Israel is at war with the Palestinian Authority. [21098/01]

John Bruton

Ceist:

218 Mr. J. Bruton asked the Minister for Foreign Affairs if he will make a statement on the killing on 27 August 2001 of a person (details supplied) by Israeli forces; if this killing was sanctioned by the Israeli Government; and if such summary executions without trial of targeted individuals are in his view morally, legally and politically justified, even in time of threat. [21099/01]

John Bruton

Ceist:

219 Mr. J. Bruton asked the Minister for Foreign Affairs if the Israeli closures of Gaza and of traffic between Palestinian West Bank towns are acceptable to him; and if he has expressed any views on the matter publicly. [21100/01]

John Bruton

Ceist:

220 Mr. J. Bruton asked the Minister for Foreign Affairs if the current Israeli military actions against Palestinian targets represent collective punishment of an entire people; if they comply with United Nations principles on extra-legal, arbitrary and summary executions; and if he proposes to take action in the matter. [21101/01]

I propose to take Questions Nos. 217, 218, 219 and 220 together.

The situation in the Middle East remains a matter of grave concern and an issue of high priority on the international agenda. I had the opportunity to visit Egypt, Israel and the Palestinian territories in mid September and to meet with key players. My discussions with President Mubarak and Foreign Minister Maher of Egypt, with President Katzev and Foreign Minister Peres of Israel and with Palestinian President Yasser Arafat revealed a depth of concern on all sides about the direction of the peace process. I took the opportunity of this visit to express once again the consistent Irish view, which is shared by our European Union partners, that the only hope for peace in the region is a cessation of acts of violence on both sides and an early resumption of dialogue with a view to implementing the proposals in the Mitchell Report immediately and without preconditions.

I told Foreign Minister Peres and Israeli President Katzev that the lifting of closures on Palestinian areas, the release of funds owed to the Palestinian Authority by Israel and an end to settlement activity are all essential elements in any move towards dialogue. I spoke to Foreign Minister Peres by telephone on 24 September and reiterated the Government's desire to see a resumption of dialogue between Israel and the Palestinian Authority. Ireland has made these points on numerous occasions, both in public statements and at the Security Council. The European Union has also raised these issues repeatedly, both in declarations and in face to face meetings with the various political leaders in the Middle East. As I emphasised in a public statement on 1 August this year, extra-judicial killings are contrary to international law. This view was also expressed by the General Affairs Council of the European Union in the conclusions of its July meeting and would certainly apply to the specific case mentioned.
The closures and restrictions imposed on the Palestinian population clearly cause considerable suffering and will be among the issues raised at the meeting of the parties to the Fourth Geneva Convention, which is expected to take place within the next few weeks. I could not agree that the State of Israel is at war with the Palestinian Authority. In spite of the gravity of the situation, there are indications that both sides appreciate the weight of the issues at stake. The peace message addressed to the Israelis by President Arafat was a statesmanly gesture and the Israeli response in suspending offensive military actions against Palestinians was positive. There has been a significant decrease in the level of violence. Nevertheless, it is highly regrettable that violence continues at a substantial level. The most recent setback, the terrorist attack carried out on 2 October by Hamas against Israeli settlers, in defiance of President Arafat's explicit orders to cease such actions, is to be condemned. At the same time, I strongly urge Israel not to allow itself to be provoked into any excessive reaction which would wreck the cease-fire.
The meeting between President Arafat and Foreign Minister Peres in Gaza on 26 September was a welcome development and agreed a series of practical, concrete steps which it is vital that both sides fully implement. In my discussions with US Secretary of State Powell on 26 September I stressed the importance of this engagement of the two sides. The Secretary of State briefed me on the active efforts of the US Administration to encourage the commencement of negotiations between the parties. Hopefully, the Arafat-Peres meeting was the first in a fruitful process of dialogue.
I have no doubt that the constant support of the United States, the European Union, Russia, Egypt, Jordan and other international actors will be essential if progress is to be made. Ireland is prepared to play its part in providing such support. As I have said in this House before, the objective for both parties must be the achievement of a just, comprehensive and lasting peace, which must necessarily recognise the legitimate rights of the Palestinian people and Israel's right to live in peace and security. Ireland and the European Union are in regular contact with all the parties concerned and will continue to press these views.

Jim O'Keeffe

Ceist:

221 Mr. J. O'Keeffe asked the Minister for Foreign Affairs if the Government condemns the atrocities committed by the regime in Guatemala during the 36 year armed conflict which ended in 1996 and supports bringing to trial those responsible including a person (details supplied). [21235/01]

The atrocities committed during more than three decades of violent conflict in Guatemala were documented in detail in the February 1999 Report of the Commission for Historical Clarification, CEH, following its Spanish initials. The mandate of the CEH derived from the Oslo Peace Accord of 23 June 1994, which came into force with the signature of the final, umbrella "Agreement on a Lasting Peace" in Guatemala City on 29 December 1996.

The CEH found that 93% of its documented acts of violence and violations of human rights, including genocide against the Mayan people, were attributable to the state. Acts of violence attributable to the guerrillas represented 3% of the violations registered by the CEH. The report comments: "This quantitative difference provides new evidence of the magnitude of the State's repressive response. However, in the opinion of the CEH, this disparity does not lessen the gravity of the unjustifiable offences committed by the guerrillas against human rights." The CEH found that 4% of the violations were committed by other actors such as "private individuals in defence of their own interests . . . the perpetrators were economically powerful people at the national or local level".

Since the conclusion of the Peace Accords and the publication of the CEH Report, Ireland and its EU partners have been concerned to see their full implementation, including the ending of the culture of impunity from prosecution of those accused of human rights violations of all kinds. It was in this spirit that on 25 April 2001, the eve of the third anniversary of the murder of Bishop Juan Gerardi, a leading defender of human rights, the EU issued the following declaration:

The European Union respectfully honours the memory of Monsignor Gerardi today, three years after his brutal murder, and welcomes the recent opening of his murder trial. The European Union has noted with approval President Alfonso Portillos's repeatedly expressed determination to see Bishop Gerardi's murder solved. It sympathises with and supports the judges, judicial authorities, members of the legal profession and other actors involved throughout the difficulties of this entire process of investigation and trial, particularly those who have become the target of threats and assaults. The European Union views with the greatest concern the increasing number of threats and assaults made not only against judges and members of the judicial authorities, but also against human rights activists, journalists and political leaders. The European Union utterly condemns these acts, which impede progress in strengthening the rule of law, and urges the Government of Guatemala to protect those targeted and have the incidents investigated, so that legal action can be taken to punish those responsible. The European Union calls upon all Guatemalans to respect human rights and the rule of law. It urges the appropriate authorities to combat impunity before the law and to implement the recommendations of the Commission on Historical Clarification, with special emphasis on the establishment of a follow-up body. The European Union also stresses the importance of the recommendations contained in the REMHI report "Guatemala Nunca Más" (Guatemala Never Again). The European Union also strongly encourages all Guatemalans, and particularly those in authority, to renew their efforts to implement the Peace Accords, which continue to have a central and fundamental role to play in the strengthening of democracy, national reconciliation and development in Guatemala. Finally, the European Union reiterates the importance of solving the assassination of Monsignor Gerardi, as well as the punishment of the perpetrators, in the framework of efforts to combat impunity and to consolidate a society governed by the rule of law. The European Union looks forward to maintaining constructive bilateral relations with Guatemala based on the respect for human rights and the implementation of the Peace Accords.
In June 2001, three former military officers were sentenced to thirty years imprisonment for the murder of Bishop Gerardi. While it would be inappropriate to comment on the substance of this verdict as it is the subject of an appeal, this development is undoubtedly significant. Also in June of this year, the state prosecuting authorities initiated investigations into two former military Presidents of Guatemala, General Romeo Lucas Garcia and General Rios Montt, for atrocities allegedly committed by them when in power. Again, while it would not be appropriate to comment on the merits of these individual cases, the significance of the decision to open investigations is apparent. In their ongoing relations with the Guatemalan authorities, Ireland and its EU partners will continue to stress the vital importance of full implementation of the Peace Accords, with particular emphasis on the necessity to investigate all crimes against human rights and to bring those responsible to justice.
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