Joint Committee on Foreign Affairs:
6th December 2005
Motion by Senator David Norris on Foreign Conflicts.
Senator Norris: I move:
That the foreign affairs committee, in the light of recent revelations concerning the use of white phosphorus and the disclosure of widespread and severe torture in Iraq, calls for the establishment of an international inquiry into:
(a) the attack by US forces on Fallujah, and
(b) the use of torture against both military and civilian personnel in Iraq.
Chairman: An amendment to the motion has been submitted by Deputy Mulcahy. I call on Deputy Mulcahy to move the amendment.
Deputy Mulcahy: I move amendment No. 1:
To delete all words after “That” and to substitute the following:
“the Oireachtas Joint Committee on Foreign Affairs
(a) notes with concern the reports of the use of white phosphorus by elements of the multinational force currently in Iraq pursuant to UN Security Council resolutions;
(b) condemns any use of chemical weapons in Iraq or elsewhere and the use of any conventional weapons in a manner which is contrary to international law;
(c) notes the intention of the Government of Iraq to investigate conditions of detention following the recent deeply disturbing discovery of 170 detainees in an Interior Ministry building and supports the call by the UN High Commissioner for Human Rights that, in light of the apparently systematic nature and magnitude of the problems with the system of detention, the Iraqi authorities should consider calling for an international inquiry;
(d) calls for full investigation of all allegations of torture, ill-treatment and other abuses of human rights in Iraq;
(e) condemns the indiscriminate use of violence against civilians and government officials in Iraq which has caused such terrible suffering in recent months and is aimed at creating further divisions between the communities in Iraq;
(f) welcomes the outcome of the 15 October referendum which approved the new constitution for Iraq and looks forward to the democratic elections on 15 December for a sovereign Iraqi Assembly and Government;
(g) notes the unanimous adoption of Security Council Resolution 1637 on 8 November 2005 which, responding to a request from the Government of Iraq, reaffirmed the authorisation for the multinational force and decided to extend its mandate until 31 December 2006;
(h) expresses the hope that sufficient progress will be made in the political transition of Iraq to enable the democratically elected, sovereign government to assume full responsibility for security and stability in its country at the earliest possible date;
(i) expresses the hope that in the near future all UN authorised forces in Iraq will be in a position to leave Iraq and leave the running of Iraq to the sovereign people of Iraq as represented by their democratically elected politicians.
Chairman: In accordance with procedure, the committee is obliged to dispose of the amendment first. I will, therefore, call on Deputy Mulcahy to speak to the amendment. Thereafter, the debate may deal with the substance of both the motion and the amendment. At the conclusion of the debate the amendment will be decided by one question put to the committee.
Deputy Mulcahy: I thank Deputy Higgins and Senator Norris for tabling the motion which is extremely timely. It is important not just for Ireland but for the international community that there be an extensive debate on Iraq. Of course, the origins of the intervention are controversial. Some say they date from a few years ago, others that they date from the end of the first Iraqi war and the war reparations and alleged non-access to weapons facilities and so forth arising from it, but there is no need to repeat the arguments here.
From the public’s perspective, this issue affects us in Ireland in two ways. First — quite legitimately — there is the issue of which aircraft are going through and what is happening at Shannon Airport. Again, there are two legitimate sides to the argument. Second, there is the issue of what is happening in Iraq, the terrible attacks and the killing of civilians——
Senator Norris: By the forces.
Deputy Mulcahy: This is a matter of concern to everyone. On any objective reading, this is a year in which there has been substantial progress in Iraq. First, democratic elections were held on 30 January. The transitional Iraqi Government under Prime Minister Ibrahim al-Jafaari was formed in May. It included representatives of all the major groups in the assembly, including six members from the Sunni community. After this there was a lengthy negotiating process in the assembly which resulted in the adoption of a draft constitution at the end of August which was approved in a national referendum on 15 October by a margin of 79% to 21%. There is, however, a continuing concern about the lack of engagement by elements or parts of the Sunni community in the constitutional process. Fresh elections are due to take place on 15 December and one of the Sunni parties intends to participate. For those who want a free, independent, sovereign Iraq or any non-Iraqi occupying forces in Iraq, this is a year in which there has been significant progress.
The failure of the mandated forces in Iraq to set a deadline for their withdrawal is somewhat disappointing. At this stage, given the level of political progress to date, it would not be unreasonable for those forces to state a deadline of one or two years could be met in all circumstances. There has been much progress in training the Iraqi army but, unfortunately, there does not appear to have been the same degree of progress in training the Iraqi police force.
It is correct that on Sunday, 13 November, US forces searched an Iraqi Interior Ministry interrogation centre in Baghdad and found approximately 170 prisoners, at least some of whom appeared to have been severely beaten, while others were under-nourished. The prisoners were Sunni Iraqis and foreign nationals who had been detained as suspected insurgents. The committee must express its abhorrence of torture in any circumstances. The amendment follows through on this. It is not a question of dictating a standard of behaviour in a civilised society from our cosy desks hundreds of thousands of miles away from Iraq. In a widely broadcast series of interviews yesterday former President Mary Robinson made it clear that torture could not be an ambiguous concept that wavered from jurisdiction to jurisdiction but must be solidly condemned wherever found.
Iraq’s Interior Minister has admitted that abuse took place but only in a small number of cases and will not be tolerated. The media reports and photographs have been a serious setback for the domestic and international image of the new Iraqi authorities and played into the hands of elements of the Sunni community which oppose a new constitutional framework for a democratic Iraq. The UN Human Rights Commissioner, Louise Arbor, has suggested that in view of the damage done Iraq should consider asking for an international inquiry to be established to examine the treatment of detainees. It is important that Iraq calls for such an inquiry into the abuse of detainees. Here the amendment respectfully differs from the motion.
I wish to refer to specific items included in the motion and the amendment. One of my problems with the motion is the phrase “the disclosure of widespread and severe torture in Iraq”. While I accept there has been torture, I am not sure it has been widespread. Perhaps Deputy Higgins and Senator Norris might inform us on the issue.
I also have a problem with the section that “calls for the establishment of an international inquiry into (a) the attack by US forces on Fallujah and (b) the use of torture against both military and civilian personnel in Iraq”. An international inquiry, the impetus for which comes from outside Iraq, would not be good at this stage. Given the progress made in 2005 in constitutional development, such an inquiry should be called for from within Iraq. The time has come for less interference in its affairs and more development of its structures and society.
My amendment reads:
(a) notes with concern the reports of the use of white phosphorous by elements of the multinational force currently in Iraq pursuant to UN Security Council resolutions;
(b) condemns any use of chemical weapons in Iraq or elsewhere and the use of any conventional weapons in a manner which is contrary to international law [I hope my colleagues will see this as very strong, plain and forthright];
(c) notes the intention of the Government of Iraq to investigate conditions of detention following the recent deeply disturbing discovery of 170 detainees in an Interior Ministry building and supports the call by the UN High Commissioner for Human Rights that, in light of the apparently systematic nature and magnitude of the problems with the system of detention, the Iraqi authorities should consider calling for an international inquiry [I again stress that it should be the Iraqi authorities, supported by us, which should call for an international inquiry];
(d) calls for full investigation of all allegations of torture, ill-treatment and other abuses of human rights in Iraq;
(e) condemns the indiscriminate use of violence against civilians and government officials in Iraq which has caused such terrible suffering in recent months and is aimed at creating further divisions between the communities in Iraq [Here I refer to the recent bombings];
(f) welcomes the outcome of the 15 October referendum which approved the new constitution for Iraq and looks forward to the democratic elections on 15 December for a sovereign Iraqi Assembly and Government [Nobody could object to this];
(g) notes the unanimous adoption of Security Council Resolution 1637 on 8 November 2005 which, responding to a request from the Government of Iraq, reaffirmed the authorisation for the multinational force and decided to extend its mandate until 31 December 2006 [It is important that the Security Council was responding to a request from the Government of Iraq as constituted stemming from the democratic elections held on 30 November];
(h) expresses the hope that sufficient progress will be made in the political transition of Iraq to enable the democratically elected, sovereign government to assume full responsibility for security and stability in its country at the earliest possible date;
(i) expresses the hope that in the near future all UN authorised forces in Iraq will be in a position to leave Iraq and leave the running of Iraq to the sovereign people of Iraq as represented by their democratically elected politicians.
I admit that the last paragraph is aspirational. I hope my amendment adds to motion and elaborates on the motion rather than overriding it. Its tone is meant to emphasise the point that significant progress has been made in Iraq, that there has been torture which has been condemned, that there has been the illegal use of chemical weapons which is condemned by the international community, and that in the near future we would like to see all foreign forces leave Iraq, leaving its people to decide the country’s destiny. I strongly commend the amendments to my colleagues and the Chairman
Senator Norris: I seek the Chairman’s assistance on a technical matter. Is it usual practice for a motion such as this to be referred either by the Chairman or committee staff to the Department of Foreign Affairs for comment or amendment?
Chairman: The normal procedure is to request briefing material from the Department of Foreign Affairs. That material has been circulated to members. That is all we had to do.
Senator Norris: Was my motion forwarded to Iveagh House for a briefing on the issue?
Chairman: Yes, where it is relevant to do so. The briefing material which includes background notes has been circulated to members.
Sentor Norris: That is welcome. I ask the question because this committee is valuable as it is non-partisan and its members assess issues on their merits, not by direction from Iveagh House. I was involved with Deputy Michael D. Higgins in establishing the first Joint Committee on Foreign Affairs which came about because we wanted foreign affairs policy to be accountable to the people. The committee acted as a ginger group. The Government wisely felt that, whatever the drawbacks in having a committee with members from all parties duly selected, it was better than one run by Deputy Michael Higgins and me. One could not tell in which direction such a committee would go. I am sure Deputy Mulcahy will agree that a good facet of this committee is that it has been non-partisan.
The motion was forwarded to the committee some time ago. Due to an error, for which this committee has no responsibility, it was sent initially to the Sub-Committee on Human Rights. It has since been put on the long finger in a number of ways. I tabled a similar motion in the Seanad. I am grateful to Deputy Mulcahy for making the Shannon Airport issue part of this discussion, particularly its use for the “Guantanamo Express” and rendering people for the purposes of torture. I intend to briefly skirt around the issue raised by the Deputy.
Chairman: Is the Senator coming to the motion in his name?
Senator Norris: Yes.
Chairman: While the joint committee has always been non-partisan, as the Senator has noted, it has also been informed. On every issue it receives background notes and updated information from the Department of Foreign Affairs.
Senator Norris: That is very helpful.
Chairman: That is all that is involved.
Senator Norris: I do not think it is quite so.
Deputy M. Higgins: I can clarify that matter.
Senator Norris: The amendment originated from the Department, as I am sure Deputy Mulcahy will confirm.
Chairman: The Senator will have a chance to reply. He is making an allegation, about which I wish to be clear. Any member is entitled, in his or her own right, to table an amendment. The Chair has not been involved in the preparation of an amendment.
Senator Norris: I have no quarrel with the Chairman who I am sure will withdraw the inaccurate statement that I have made an allegation; asking a question is not the same as making an allegation. I asked a question and have received a reply from the Chair. It was not an allegation.
Chairman: I am pleased to hear it. The normal procedure was followed and the motion taken as quickly as it could have been. To facilitate this debate we asked members to come here at 1 p.m. knowing that this would be difficult for some and that some would have to stay late.
Senator Norris: Absolutely. I was asked if I would facilitate the committee by putting back the debate for a few weeks. I stated I would not. That is why we are meeting at this time.
Chairman: I wish to be clear about the information provided.
Senator Norris: I was asked if the debate on the motion could be postponed and stated in reply that I would prefer if it was taken today.
Chairman: As far as the secretariat is concerned, the normal information was requested.
Senator Norris: That is clarification to a certain degree. I understand Deputy Mulcahy will clarify the matter further later.
Paragraph (a) of the amendment is inaccurate and I am sure Deputy Mulcahy will not mind if it is amended. It reads: “...by elements of the multinational force currently in Iraq pursuant to UN Security Council Resolutions”. The Secretary General of the United Nations, Kofi Annan, described the war as illegal. It was also described as such by the Leader of Seanad Éireann. The forces are now in Iraq as a result of a retrospective motion; they are not in the country pursuant to a UN resolution. This inaccurate statement should be withdrawn.
Paragraph (b) deals with the general condemnation of the use of chemical weapons anywhere. This is a bland point and my problem with it is that the focus is blurred. I am discussing a specific series of actions which greatly concerns many, including people in America who include former President Jimmy Carter. I say this because I do not want anybody to suggest we are anti-American. If former President Carter can state these actions are not indicative of the America he knew, with torture openly espoused, endorsed and used, and that rendition presents a problem, we would be pusillanimous if we did not take this view.
Apart from paragraphs (a) and (b), the amendment is taken from the amendment tabled to the motion in my name during Private Members’ Business in the Seanad.
Deputy Mulcahy: Paragraph (i) is different.
Chairman: The Deputy will have an opportunity to reply
Senator Norris: There may be one change, but six of the nine paragraphs are identical to the amendment tabled to the relevant motion during Private Members’ time in the Seanad. I make this point because when the issue was briefly discussed previously, there was an opportunity before the discussion was terminated for Fianna Fáil Members to indicate their preference. They indicated they had no problem with the motion. When it was discussed, individual Members, independent of an direction from Iveagh House or the Minister, had no problem with it.
Deputy Mulcahy spoke about getting Iraqi authorities, such as they are, to inquire about this issue. There would be considerable difficulties with this. The Deputy himself has stated he would be concerned if the behaviour was considered to be general. The report on the incident in the basement of the Iraqi building was accepted. The responsible Iraqi Minister indicated that she found it impossible to investigate such matters, that such behaviour was systemic. If the record of Seanad Éireann is consulted, one will see I provided very considerable evidence of widespread torture in Iraq and its systemic nature. When the Minister responsible states she is being blocked and stymied at every avenue and cannot properly investigate, although she is aware of widespread torture, it would be foolish to expect those in charge of a system under which torture is widespread to investigate themselves. This vitiates a cardinal principle of law, that an accused person does not stand in judgment of himself or herself. The authorities in Iraq stand accused of, at least, tolerating this torture and being involved in it in many cases. This is not just waterboarding, which Vice-President Cheney appears to believe is legitimate. This is a practice, developed by the Gestapo, whereby people are drowned, medically resuscitated with their lungs bursting and then interrogated. Apparently, according to Mr. Cheney, this is tolerable. The practices engaged in are even worse than this and people have died. In the motion I call for an international and, therefore, independent investigation into the use of white phosphorus, which has been denied.
Three weeks ago I spoke to Mr. Harry Cohen, MP, who showed me correspondence on the matter which he discussed with me. He had asked about the use of white phosphorus and been given an inaccurate reply by a British Minister, Mr. Adam Ingram, who had been lied to by the United States authorities at the highest level, as he had to acknowledge in a letter I have seen. The use of white phosphorus was denied categorically and Mr. Ingram had to apologise on the basis that he had misled the House of Commons because he had not been told the truth.
There is also the question of the attack on Fallujah and the damage and injuries caused to civilians. Deputy Mulcahy correctly expressed his abhorrence and discusses in the amendment the attacks on civilians, obviously carried out by militants. However, I am highlighting the actions of sovereign governments and the so-called coalition forces, their responsibility for the deaths of 100,000 civilians and their deliberate attempts to conceal this fact. Reports in The New York Times which can hardly be described as an anti-American organ indicate that the attack on the hospital, for example, was aimed at stopping leaks about the number of civilian casualties. It is worrying when governments which claim to defend our ethos become involved in such practices and attempt to prevent information leaking out about them. Making these allegations against people intimately connected with this country is both serious and painful. As many of us have friends and relations in the United States, we are part of its system and share many of its values. However, these values have been betrayed and traduced and if we are afraid to say so, we have surrendered the pass.
I will not linger as I wish to leave time for my colleagues who have important points to make. I accept that paragrah (a) of the amendment represents a welcome advance, for which I am grateful to Deputy Mulcahy. Most of the remaining parts of the amendment come from a document that originated in the Department of Foreign Affairs. I am concerned about this because we should make up our own minds on the matter.
Deputy Mulcahy raised the issue of Shannon Airport which is not mentioned in the motion but which I will continue to revisit in the Seanad. The issue is very clear and the argument does not have two sides. One of the Gulfstream 5 jets that landed at the airport has been used for no other purpose than rendition. Such flights have been condemned in a report from the Swedish Parliament because of the kidnapping of two people in Stockholm Airport who were rendered to Egypt where they were tortured.
Before she left the United States, the Secretary of State, Dr. Condoleezza Rice, stated the United States expected its allies to believe it. Why should they? There has been a consistent pattern of lies, denials and eventual acceptance that particular allegations are true. A parliamentary committee found that a Gulfstream 5 jet had been used for rendition flights. Aeroplanes which regularly land at Shannon Airport have been used for the filthy purpose of extraordinary rendition — one should note the euphemism — for which the Government is liable under international criminal law. This is the advice given to a committee of the House of Commons in the United Kingdom. The committee asked whether it would cause a legal problem if such an aeroplane merely refuelled at a UK airport and the official reply was that such a practice would make the UK Government complicit in an international crime. That is what we are dealing with and why I am so grateful to Deputy Mulcahy for raising the issue which I will pursue in the Seanad.
I welcome the excellent contribution made by Deputy Mulcahy but I am concerned we do not lose or blur the focus. While I welcome paragraph (a) of the amendment, I wonder whether it would be possible for the committee to come up with a composite motion which would cater for both sides. It is important to look at the way in which the Department of Foreign Affairs attempts to control the business of this committee.