Dáil Éireann Debate, Wednesday - 2 February 2005
140 Mr. Deenihan asked the Minister for Foreign Affairs if he has considered the findings of an Amnesty International report detailing unlawful killings in Nepal; and if he will make a statement on the matter. [2625/05]
Amharc ar fhreagraI am aware of the findings of the Amnesty International report on Nepal and would like to make a statement on the matter.
A rebellion against the monarchy of Nepal, led by the extreme left-wing Nepal Communist Party, Maoists, has been ongoing since 1996. The insurgency has, to date, claimed approximately 10,000 lives. The rebels are fighting to abolish the constitutional monarchy and establish a socialist state in the Himalayan kingdom. It is estimated that more than 40% of the country is now under Maoist control.
After consultations with other political parties on 26 November 2001, the Nepalese Government declared a state of emergency and termed the Maoists as terrorists. The King also approved mobilisation of the army in an effort to counter the insurgency. On 29 January 2003, a ceasefire was declared by the Nepalese Government and the Maoist rebels. The ceasefire proposed to lead to further negotiations between the government and the Maoists, and eventually to free and fair elections.
On 13 March 2003, Nepal's Government and the rebels agreed to release all prisoners of war and announced guidelines for peace talks. Three rounds of peace talks took place on 27 April, 9 May and 17-19 August 2003, but the process collapsed on 27 August 2003 when the Maoists stated they were withdrawing from the ceasefire because agreements reached had not been implemented and because the government would not agree to its demands, including setting up a constituent assembly. Fighting has continued since 2004. On 1 February 2005, King Gyanendra Bir Bikram Shah Dev dismissed the country's government and declared a state of emergency. EU heads of mission in Kathmandu are currently assessing the situation and will report back to member states. Together with our EU partners, we will continue to monitor the situation closely.
Ireland, together with our EU partners, is increasingly concerned at the deteriorating situation in Nepal, particularly in the human rights area. An EU Troika of Regional Directors visited Nepal from 13-15 December 2004 to convey EU concerns to the Nepalese authorities. The Troika met King Gyanendra Bir Bikram Shah Dev and then Prime Minister Deuba, as well as with representatives of the Royal Nepalese Army and civil society. The Troika emphasised the need for all parties to pursue a political solution through negotiations between all sides and assured the Nepalese authorities of EU support for a peace process. The Troika also expressed grave concern at the rapidly deteriorating human rights situation in Nepal and reminded all sides of their obligations under both Nepali and international law. It further expressed the EU's support for the efforts of the National Human Rights Commission, NHRC, and stated that the intimidation of human rights defenders was unacceptable. Since the Troika visit, the EU has asked EU heads of mission in Kathmandu to report on the current situation in Nepal, including on human rights.
The situation of human rights in Nepal was addressed by the United Nations Commission on Human Rights at its 60th session in 2004. Together with our EU partners, we are currently considering the most effective form of action for the commission to adopt at this year's session.
The UN High Commissioner for Human Rights, UNHCHR, Ms Louise Arbour, visited Nepal from 23-26 January 2005 to assess the human rights situation there. The UNHCHR expressed concern at the alarming and growing number of human rights abuses and called on the government to act in compliance with international humanitarian and human rights law. She further called on the Nepalese Government and Maoist rebels to facilitate the work of the National Human Rights Commission and called for full and unhindered access to places of detention. The UNHCHR also urged the Maoist rebels to engage with the people of Nepal through reasoned argument in a democratic arena and to pursue their objectives in compliance with international law.
Ireland, together with its EU partners, will continue to follow closely the situation in Nepal and to encourage both sides to pursue a peaceful, political solution and respect for human rights.
143 Mr. Hayes asked the Minister for Foreign Affairs if the Government has committed specific assistance to the Turkish Government for putting in place new judicial and police procedures that will help to underpin human rights in Turkey; and if he will make a statement on the matter. [2637/05]
Amharc ar fhreagraTurkey has made very significant progress over the past three years in the adoption of wide-ranging constitutional and legislative reforms. Prime Minister Erdogan has made it clear that his government's programme of human rights reform is being implemented in the interests of the Turkish people. It is also a central element in the development of Turkey's relations with the European Union. The December 2004 European Council decided that Turkey sufficiently fulfils the political criteria for membership to enable the opening of accession negotiations and that this should happen on 3 October 2005. The pace of the negotiations will depend in large part on Turkey's continued progress in the implementation of reforms.
Over the past year, there have been a number of important developments in judicial and police reform in Turkey. The major constitutional reform package adopted in May 2004 resulted in the abolition of the state security courts and the removal of all references in the constitution to the death penalty, which has been abolished for all circumstances. The reform package also enshrined in the constitution the principle of the supremacy of international and European treaties ratified by Turkey over domestic legislation. A comprehensive new penal code was adopted by the Turkish Parliament in September 2004 and will enter into force in April 2005. In its report for 2004 on Turkey's progress towards accession, the Commission noted that the legislative and administrative framework required to combat torture and ill-treatment has been substantially put in place since 2002 when the government declared its intention to pursue a zero tolerance policy against torture. The challenge for Turkey in the period ahead is to ensure the full implementation of human rights reforms throughout the country and at every level of the administration.
The revised Accession Partnership with Turkey, which was adopted by the Council in May 2003, provides the framework for an intensive dialogue between the EU and Turkey on preparations for accession and on the details of the reform process. Ireland has participated fully in this dialogue, in direct contacts with the Turkish Government and in co-ordination with our partners in the EU. Following the December 2004 European Council decision, the Commission is now preparing proposals for consideration by member states for a further revision of the accession partnership, setting out the priorities for the reform process in the context of the opening of accession negotiations. The EU will continue to work closely with Turkey to encourage the successful implementation of human rights reforms, especially in relation to the zero tolerance policy on torture, which will be essential for progress in the negotiations.
The accession partnership is the framework for assistance to Turkey. Some €235 million was allocated in Community assistance in 2004, including support for a range of human rights activities. These include support to enable the human rights presidency in the Office of the Prime Minister to promote the reform packages throughout the administration. The EU is also supporting important activities in the area of justice and home affairs, including the implementation of measures to ensure protection and justice for children in the judicial system and the establishment of a national probation service.
Turkey has benefited from a number of EU and international programmes designed to assist the establishment of judicial and police procedures that comply with international standards. The issue of training for the judiciary and the police in the culture of human rights is crucial. The European Commission and the Council of Europe have taken a joint initiative to provide training for judges and police. To date, training has been provided to over 200 Turkish human rights trainers, with responsibility for training over 9,000 judges. Since 2003, all judges and prosecutors in Turkey have received training on the European Convention for the Protection of Human Rights and Fundamental Freedoms and the case law of the European Court of Human Rights. The EU is also providing assistance on police co-operation and on the fight against organised crime, and the Council of Europe last year undertook a comprehensive programme of training for the police on modern European policing standards.
