Committee Reports::Annual Report of the Joint Committee on Foreign Affairs, 1997-1998::01 November, 1998::Appendix

1.The sub-Committee met in public session at 5.00p.m. in Room G24 Kildare House.

Deputies Ben Briscoe, Michael P. Kitt, Gay Mitchell and Michael O’Kennedy and Senators Paschal Mooney and David Norris.

Nominations for the position of Chairman were sought by the Clerk and Deputy Gay Mitchell was nominated by Senator Paschal Mooney. Deputy Mitchell’s election as Chairman was unanimous and Deputy Mitchell took the Chair.

It was agreed that the sub-Committee would meet once every four weeks, with exceptions if required, on weeks that the Joint Committee is not scheduled for a meeting.

It was agreed that the Chairman would have discussions with the Joint Committee Chairman, the sub-Committee on Development Co-operation Chairman and the Clerk with a view to putting proposals on how the sub-Committee can best operate, without duplicating the work of the Joint Committee or the other sub-Committee, before the Committee.

Third Joint Committee on Foreign Affairs

Sub-Committee on Human Rights

Proceedings of the Sub-Committee

Wednesday, 21 January 1998.

1.The sub-Committee met in public session at 12.15p.m. in Room G5 Kildare House.

Deputies Gay Mitchell (in the Chair) and Michael Creed and Senators Paschal Mooney and David Norris.

Apologies for inability to attend were received from Deputies Ben Briscoe, Michael P. Kitt and Michael O’Kennedy.

4.Presentation by Mary Lawlor, Director of Amnesty International-Ireland on Algeria

Ms. Lawlor made a presentation on the situation in Algeria and there followed a question and answer session with the Members.

(i)That an international investigation into recent massacres and other abuses in Algeria be immediately convened in order to reveal the truth about who is responsible for these atrocities and to make recommendations;

(ii)That the investigation be based, in the first instance, on reports of the two special Rapporteurs on

(a)extrajudicial killings and

(b)torture, on which the UN High Commissioner for Human Rights wishes to visit Algeria and report back before the next session of the Commission on Human Rights in March, and asks that these visits be accommodated by the Algerian authorities;

(iii)that a clause be inserted which allows the EU to obtain accurate information about the Human Rights situation in Algeria in view of the partnership agreement which is currently being negotiated by the EU with Algeria;

(iv)The setting up of an international tribunal, along the lines of the War Crimes Tribunal, to charge those guilty of human rights offences and to give them notice now of the intentions of the international community; and

(v)That the above four recommendations form the cornerstone of Government policy in relation to the Algerian situation.”.

The sub-Committee also agreed that the resolution be the subject of a report and that it be laid before both Houses.

The Chairman informed the meeting that he would seek to have a meeting with the Algerian Ambassador in London next Monday, 26th January 1998.

A draft work programme had been circulated to Members. It was agreed that the following N.G.O.’s be added to the list already in the draft work programme, namely Action Aid, LASC, Irish Mexico Group, Ogoni Solidarity Group, Burma Action Group, East Timor, Ireland Solidarity Group, the Sierra Leone/Liberia Group and Human Rights Watch. It was agreed that the draft work programme, as amended would be the work programme of the sub-committee.

(i)It was agreed that whilst the sub-committee is scheduled to meet every four weeks that it could meet more often, at the discretion of the Chairman, should a topic of particular concern arise.

(ii)It was agreed that open invitations to address the sub-committee should issue to a) Mrs. Mary Robinson, the U.N.’s High Commissioner for Human Rights and to b) Secretary General of the Council of Europe.

(iii)It was agreed that an invitation, to meet the sub-committee, should issue to the group of women MPs from Algeria’s National Assembly that are due to visit Britain in February.

(iv)The following motion on Northern Ireland proposed by Senator Paschal Mooney was agreed to

“The Joint Committee on Foreign Affairs, Sub-Committee on Human Rights, expresses its horror at the gross abuse of human rights perpetrated by the INLA and the LVF on innocent civilians in Northern Ireland and requests that the Irish and British Governments take steps to re-assure the general public that they will utilize all resources at their disposal to end these murders.”

(v)It was also agreed that delegations, consisting of the Chairman and two others from the sub-committee make fact finding visits to the UN in Geneva and the Council of Europe.

Third Joint Committee on Foreign Affairs

Sub-Committee on Human Rights

Proceedings of the Sub-Committee

Wednesday, 4 February 1998.

1.The sub-Committee met in public session at 2.30p.m. in Room G24 Kildare House.

Deputies Gay Mitchell (in the Chair), Ben Briscoe, Michael Creed and Michael P. Kitt and Senator Paschal Mooney.

Apologies for inability to attend were received from Senator David Norris who was attending the Order of Business in the Seanad, and from the following MEPs; Pat Cox, Alan Gillis and Joe McCartin.

The minutes of the meeting of 21 January 1998 were agreed to. Arising from the minutes, it was agreed that a report based on the resolution passed at the last meeting be placed before the Joint Committee for consideration for inclusion in the Joint Committee’s Report to be laid before the Houses of the Oireachtas.

The Chairman had availed of a previously planned visit to London to call on Mr. Ahmed Benyamina, Ambassador of Algeria on 23 January, 1998 and he drew his attention to the resolution passed at the last meeting of the sub-committee. There had been a “frank and to the point” discussion. The Ambassador, who had declined an earlier invitation to address the Sub-Committee, said that while he would consider addressing the Joint Committee on Foreign Affairs to deal with Algeria in a broad context, he was not disposed to speak to it in a human rights format. He encouraged the Committee to visit Algeria on a fact-finding mission - they could meet opposition parties, NGOs etc. and not just focus on human rights issues.

The Chairman proposed that the Sub-Committee recommend to the Committee that it consider sending a small cross-party delegation to visit Algeria provided that the delegation could have access to independent sources of information (e.g. opposition parties, NGOs, press).

Death Penalty: The Chairman referred to the execution of Ms. Tucker in Texas on the previous day and raised, in that connection, the request by the USA authorities for the extradition of a person in relation to conspiracy to murder which was due before the Irish courts the following day. He said that assurances should be sought that the person, if extradited, would not be executed. (The offence of which the person was accused carried the death penalty in the state to which she would be extradited, if the request for extradition were successful).

Following discussion, it was agreed that the Department of Foreign Affairs be asked to provide information on:

Third Joint Committee on Foreign Affairs

Sub Committee on Human Rights

Proceedings of the Sub-Committee

Wednesday, 18 February 1998

1.The sub-Committee met in public session at 4.10 pm in Room G.24, Kildare House.

Deputies Gay Mitchell (in the chair), Ben Briscoe, Michael Creed, Michael Kitt and Michael O’Kennedy and Senators Paschal Mooney and David Norris.

(b)Matters arising: Members attention was drawn to briefing material received in relation to extradition and the death penalty in the USA. It was agreed that the subject of the death penalty in the broader international context be dealt with and reported on by the sub-Committee.

Mr. Tom Hyland, Co-ordinator of the East Timor Solidarity Campaign addressed the sub-Committee and this was followed by a question and answer session.

It was agreed that a motion based on the issues raised by Mr. Hyland and other points raised during the course of the meeting would be brought before the sub-Committee at the next meeting.

The Chairman drew the attention of the sub-Committee to correspondence received, from Christian Concern for Freedom of Conscience, regarding the ongoing struggle of evangelical Christians in Chiapas, Mexico. The sub-Committee agreed to discuss the matter in the near future.

Third Joint Committee on Foreign Affairs

Sub-Committee on Human Rights

Proceedings of the Sub-Committee

Thursday 26 March, 1998

Deputies Gay Mitchell (in the Chair), Michael Kitt, Bernard Durkan*, Louis Belton* and Seán Ardagh*; and Senator David Norris.

* in substitution for Deputies Michael Creed, Alan Shatter and Michael O’Kennedy respectively.

A presentation on the human rights situation in Colombia was made by Ms. Beatriz Gomez Pereanez, a former member of a regional parliament in that country. She was accompanied by Mr. Gearóid Ó Loingsigh from the Latin America Solidarity Centre who acted as interpreter.

Ms. Gomez Pereanez stressed the absence of a true democratic political system and in so doing highlighted the following occurrences:

~the fact that Colombian army personnel, guilty of human rights abuses, are being trained in the United States;

~financial support of $140 million has been given by the United States to the Colombian army; and

In an effort to solve these abuses the Unión Patriotica, the political party of which Ms Gomez Pereanez is a member, is seeking:-

~the establishment of an international commission to investigate the genocide; and the cessation of arms sales to Colombia.

~circulate the report of the meeting to all Members of the Joint Committee and to bring the matter to the attention to the Joint Committee;

~obtain further information on the situation in Colombia, from the Department of Foreign Affairs, including details of EU - Colombia relations; and

~issue invitations to representatives of the Colombian and United States embassies to come before the Committee to discuss the matter.

Third Joint Committee on Foreign Affairs

Sub-Committee on Human Rights

Proceedings of the Sub-Committee

Wednesday 8 July, 1998

Deputies Gay Mitchell (in the Chair) and Michael Creed and Senators Paschal Mooney and David Norris

It was agreed that the sub-Committee would invite Deputy Liz O’Donnell, Minister of State with responsibility for human rights to appear before the Committee in September. It was also agreed that an advertisement should be placed inviting submissions to be included in a sub-Committee report to be issued to mark 1998 as UN Human Rights Year.

Arising from this a discussion took place relating to measures the sub- Committee might take on specific human rights issues. The following measures were agreed:-

-to circulate a recent Amnesty International global comparative report on human rights;

-the Tibet Solidarity Group to be invited to speak at the sub-Committee’s next meeting;

-Trócaire to be invited to discuss the origin and source of the refugee issue in Ireland with particular reference to Romania and the African continent;

-recent material from the Department of Justice Press Office on the immigration issue to be circulated.

The sub- Committee discussed correspondence received from Trócaire concerning the recently adopted EU Code of Conduct on Arms Exports. It was agreed to place this issue on the agenda for the meeting with Minister O’Donnell so that the Department of Foreign Affairs’ perspective on the issue could be more closely examined.

The following action was recommended in relation to various items of correspondence;

a) Association of Refugees and Asylum Seekers; it was agreed to recirculate this material to members ahead of Trócaire’s appearance at the next sub-Committee meeting.

b) Correspondence from Mr. P. Kukatlasan on Sri Lanka; it was agreed that the sub-Committee would invite Mr. Kukatlasan to appear before the sub-Committee in September and that Deputy Paul Connaughton would be informed.

c) Correspondence from Trócaire regarding Indonesia and East Timor; it was agreed that the matter be dealt with by the Joint Committee. It was also agreed following a suggestion by Senator Norris that a communication would be issued reflecting his disquiet at the tone of recent remarks made by the Minister for Foreign Affairs on East Timor in the Seanad.

d) Correspondence regarding the state of Tocantins in Brazil; it was agreed that the Redemptorist Fathers would be asked to appear before the sub-Committee at a time when the relevant members of their community would be available in Ireland.

a) Algeria; It was noted that the Observer newspaper had recently published a report condemning Algeria as the world’s worst human rights abuser. The sub-Committee also noted recent correspondence from the Ireland-Algeria Solidarity Group and that this matter is being dealt with by the Joint Committee.

b) Nigeria; The sub-Committee noted with concern the recent death of General Abiola and agreed to convey to the Nigerian authorities its view that any autopsy should be performed by international medical experts.

c) International Prison Watch; it was agreed that the English text of a recent French language publication by International Prison Watch would be circulated as soon as it became available and that the report would be discussed at the sub-Committee’s next meeting.

d) Burma; it was agreed that an updated briefing on the situation in Burma would be sought from the Department of Foreign Affairs following recent reports that the military authorities are considering imprisoning Aung Sang Suu Kyi.

Third Joint Committee on Foreign Affairs

Sub-Committee on Human Rights

Proceedings of the Sub-Committee

Tuesday 21 July, 1998

1.The Sub-Committee met in Public Session at 2.30 p.m. in Room G5, Kildare House.

Deputies Gay Mitchell (in the Chair), Ben Briscoe and Michael Kitt; Senators Paschal Mooney and David Norris.

The following points were highlighted during the presentation and the subsequent question and answer session:-

-there are 15 million refugees worldwide and an estimated 25 - 30 million internally displaced persons;

-widespread human rights abuses in countries that have caused people to leave those countries;

-the need to give special attention to women in view of the fact that many of them have suffered additional persecution in their home country; and

-the need for Ireland to take steps that would improve the position here such as the full implementation of the Refugee Act and the allocation of sufficient resources to the different agencies that would enable them to operate effectively.

It was agreed that Ambassador Anne Anderson, Ireland’s representative on the Executive Committee of the UNHCR would be invited to address the sub-Committee.

It was agreed that GOAL would be invited to make a presentation in the autumn, to the sub-Committee, on human rights abuses in the Great Lakes region of Africa.

It was agreed that the subject of prison conditions would be examined by the sub-Committee on receipt of the report, on prison conditions worldwide, compiled by the French NGO International Prison Watch.

Senator Paschal Mooney replaced Deputy Gay Mitchell as Chairman for the remainder of the meeting.

The Tibet Support Group made a presentation on the current situation in Tibet. Subsequent to their presentation and the question and answer session with the Members the following resolution was proposed by Senator David Norris and agreed by the sub-Committee:-

“That the Joint Committee on Foreign Affairs, Sub-Committee on Human Rights, requests the Taoiseach, Mr Bertie Ahern T.D., to raise with the Chinese leadership the question of human rights in Tibet and in particular the recent unrest and deaths of named Tibetan citizens in Drapchi Prison; to further raise the question of self-determination for the Tibetan people and the possibility of Ireland hosting a meeting between Chinese and Tibetan officials with a view to assisting in a resolution of this problem; to further raise with the Chinese leadership the possibility of President Jiang Zemin meeting with the Dali Lama; and for permission to be given to the Dali Lama to visit Buddhist shrines in China.”.

Third Joint Committee on Foreign Affairs

Sub-Committee on Human Rights

Proceedings of the Sub-Committee

Wednesday, 23 September, 1998

Deputies Gay Mitchell (Chairman) and Michael Creed, and Senators Frank Chambers* and John Dardis*.

Apologies were received from MEPs Mary Banotti, Alan Gillis and Patricia McKenna.

The minutes of the meeting of the Sub-Committee of 21 July, 1998, were agreed by the Committee and signed by the Chairman.

It was agreed that a maximum period of thirty minutes be allocated to discussion on each of the items on the agenda.

4.Presentation by Mr. Diarmaid Ua Bruadair on the situation in Tocantins State in Brazil.

The Chairman informed the Sub-Committee that he had invited the Brazilian Embassy to have a representative address the meeting but the Embassy was not in a position to accede to the request.

Mr. Diarmaid Ua Bruadair, who had been working in Brazil for the last three years co-funded by APSO and the Redemptorist congregation, addressed the Sub-Committee on the plight of eighty families in the Campos Lindos area of Tocantins State in Brazil. Families who had farmed land in the area for generations have been dispossessed of their property, the title of which had been sold by the State to investors and speculators in disregard of the traditional ownership rights of the peasants. Peasants are being moved off the land by large farmers and speculators who are taking advantage of official corruption and the lack of education and subservience of the existing occupiers. The State has now decided to expropriate large tracts of land for a soya bean project and will only compensate the 27 title holders. No compensation is to be paid to the families who have farmed the land for an average of 40 years. Burning of property by police in collusion with large ranchers has taken place. Compromise proposals by the peasants involving resettlement of all those affected on half the expropriated land have not been responded to. Official, political and judicial corruption has militated against the securing by those involved of their rights and international pressure is seen as a way forward.

In response to a request from Mr. Ua Bruadair, the Sub-Committee agreed to bring the matter to the attention of the Minister for Foreign Affairs and to ask him to raise the matter with his European counterparts.

5.Presentation by Dr. P. Kukathasan and Fr. S.J. Emanuel on the Human Rights situation in Sri Lanka.

Dr. P. Kukathasan addressed the Sub-Committee on the issue of human rights violations in Sri Lanka arising from the ethnic conflict between Tamils and Sinhalese. Both Dr. Kukathasan and Fr. S.J. Emanuel subsequently dealt with questions from members. Dr. Kukathasan informed the Sub-Committee that human rights violations have been ongoing in Sri Lanka for several years as a result of the ethnic war on the island. The Sri Lankan government has made no attempt to resolve the conflict. The Tamil people have suffered a wide range of violations including murder, rape, discrimination in the provision of health services and education, and religious discrimination. Malnutrition, high infant mortality, post traumatic stress and suicide have been among the consequences of the situation. Frustration with the failure of the Government to honour pacts for a resolution of the problem made with the Tamils over the years resulted in the taking up of arms by Tamil youths. A news blackout is operated by the Government and journalists have been threatened and, in some cases, killed. International pressure is necessary if the situation is to be resolved. A federal solution - recognition of a Tamil homeland - is desirable and the government has not come up with an alternative. Fr. Emanuel specified four steps to peace which must be agreed - stop the war, feed the people, lift the media blockade and initiate talks.

The Sub-Committee agreed to draw its concerns about this difficult and complex issue to the attention of the Minister for Foreign Affairs and the Chairman agreed to raise the Sri Lankan problems with the United Nations High Commissioner for Human Rights during his forthcoming meeting with her in Geneva.

6.Presentation by Mr. John O’Shea, GOAL, on the Human Rights situation in the Great Lakes Region of Africa.

Mr. John O’Shea of GOAL informed the Sub-Committee of his concern regarding the provision of direct funding by the Government to the Government of Rwanda. His concern arose from the involvement of the Government of Rwanda in terrorism, civil war and the attempted overthrow of the Government of the Democratic Republic of Congo. The Rwandese Government is centrally involved in destabilising the Congo resulting in severe hardship and abuse of human rights. A humanitarian catastrophe in the Congo was imminent. Informed observers believe that the Rwandese Army has been responsible for the massacre of thousands of Hutu refugees in the Congo. The Congolese Army is, in turn, killing Tutsi refugees within the country’s borders. Other countries in the region have now become involved in the situation for reasons of self interest. The war, which has reached stalemate, could go on indefinitely. The war has caused health services to grind to a halt and Mr. O’Shea predicted that, in the next few months, there would be a huge deterioration in the human rights situation. The failure of the Rwandese Government to deal with the problem of its prison population was a serious cause for concern. The Government should campaign vigorously for a lasting peace settlement in the Democratic Republic of Congo and should conduct an urgent review of its funding policy where the Rwandese Government is concerned.

The Chairman suggested that the question of the Government campaigning vigorously for a lasting solution could be raised with the Minister of State at the Department of Foreign Affairs when she met with the Sub-Committee. The Chairman noted that the Department of Foreign Affairs advised that, in parallel with its support for a political solution, Ireland has responded generously to appeals for funding to meet basic humanitarian needs. Direct funding to the Rwandese Government is for specific projects and funding is also channelled through non-governmental organisations. However, the provision of funds to a government with a questionable human rights record was an issue to be raised with the Minister of State.

APPENDIX 13

Minutes of the Public Sessions of the Sub-Committee on Human Rights

Third Joint Committee on Foreign Affairs

Sub-Committee on Human Rights

Proceedings of the Sub-Committee

Tuesday, 16 December 1997.

Third Joint Committee on Foreign Affairs

Sub-Committee on Human Rights

Proceedings of the Sub-Committee

Wednesday, 21 January 1998.

Third Joint Committee on Foreign Affairs

Sub-Committee on Human Rights

Proceedings of the Sub-Committee

Wednesday, 4 February 1998.

Third Joint Committee on Foreign Affairs

Sub Committee on Human Rights

Proceedings of the Sub-Committee

Wednesday, 18 February 1998

Third Joint Committee on Foreign Affairs

Sub-Committee on Human Rights

Proceedings of the Sub-Committee

Thursday 26 March, 1998

Third Joint Committee on Foreign Affairs

Sub-Committee on Human Rights

Proceedings of the Sub-Committee

Wednesday 8 July, 1998

Third Joint Committee on Foreign Affairs

Sub-Committee on Human Rights

Proceedings of the Sub-Committee

Tuesday 21 July, 1998

Third Joint Committee on Foreign Affairs

Sub-Committee on Human Rights

Proceedings of the Sub-Committee

Wednesday, 23 September, 1998