Europe and Central Asia
Summary of Amnesty International’s Concerns in the Region, January-June 2007
transparency and the inconsistent decisionmaking in the current appeal mechanism.
Proposals set out in the Bill did not address
the continued inappropriate use of prisons
for holding immigration detainees. The Bill
had not become law by the time of the
general election in May, but following the
election
was
revived
by
the
new
Government.
Ireland signed the Council of Europe
Convention on Action Against Trafficking in
Human Beings in April. However, while a
Scheme (i.e. a proposal) for a Criminal Law
(Trafficking in Persons and Sexual Offences)
Bill had been published in 2006, no such Bill
emerged prior to the dissolution of the
Oireachtas (parliament) in May ahead of
the general election. Trafficking, other than
of children under 16 years of age for the
purposes of sexual exploitation, was
therefore still not specifically criminalized.
Neither the 2006 Scheme of this Bill nor the
Immigration, Residence and Protection Bill
contained specific measures for the
protection and support of trafficked persons.
Arms trade (update to AI Index: POL
10/001/2007 – Ireland)
The Control of Exports Bill 2007 was
published in February and, while it
contained many welcome proposals for
military, security and police (MSP) trade
export controls, many gaps remained.
The Bill did not address the control of
overseas licensed production agreements
undertaken by Irish companies, despite the
Irish Government having previously stated
its support, in principle, for the regulation
of such production agreements, at least at
a European level. Furthermore, although
the Bill contained provisions for the control
of physical exports, and the supply of some
intangible technical assistance, it introduced
no controls or reporting mechanisms
specifically covering the supply of military
and security services and personnel.
The Bill may even weaken existing controls
on the transit and transhipment of military
and security goods. It required export
Amnesty International
65
licences for “the exportation of goods
brought into the State for re-export”, but
did not specify whether this covers goods
held under bond. The current Control of
Exports Act 1983, by contrast, explicitly
imposes export controls on “goods brought
into the State for transhipment, whether
under bond or otherwise”.
Nor did the draft Bill specify whether export
controls would apply to arms and
equipment transiting through Irish ports
and airports for technical stop-overs or
refuelling, without passing through customs.
Existing aviation rules on the carriage of
weapons and munitions also exempt
military personnel and their “personal
weapons”; thus, military forces with a
record of human rights violations, or
destined for conflict zones, could pass
through Irish airports and airspace with
their weaponry, without any notification or
scrutiny.
The Bill introduced, for the first time, a
statutory requirement for the Department
of Enterprise, Trade and Employment (DETE)
to submit an annual report to the
Oireachtas (parliament) on its export
control activities. However, it did not
specify what is to be included in these
annual reports; in the past, the DETE has
released far less information on export
licences than is required for adequate
scrutiny of the potential human rights
impact of military and security exports.
The Bill did not provide for post-export
monitoring of delivery and end-use. AI
welcomed the Bill’s introduction of more
extensive powers for Irish authorities to
inspect and audit companies exporting MSP
goods and services, but such inspection
powers could uncover only some abuses of
the licensing system, unless complemented
by a systematic and rigorous process for
monitoring the delivery and end-use of
exports themselves, to ensure that the
goods have been delivered to the stated
end-user. The Bill did not mandate postshipment checks of this sort.
AI Index: EUR 01/010/2007
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