May 2001

Release date: 30 May, 2001 Abortion Issue a Red Herring in International Criminal Court Debate Opponents of the referendum authorising Ireland to ratify the Statute of the International Criminal Court are misinformed about the content of the treaty when they suggest it may jeopardise Irish law concerning abortion, says Professor William A. Schabas, Director of the Irish Centre for Human Rights, which is based at National University of Ireland, Galway. "The Court is empowered to prosecute "forced pregnancy" as a crime against humanity", explained Professor Schabas. The term is further defined as "the unlawful confinement of a woman forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law". Those drafting the Statute had in mind atrocities committed in concentration camps in the former Yugoslavia. The provision represents a consensus that resulted from negotiations involving several states with a particular interest in the abortion question, including the Holy See, Ireland and Malta, noted Professor Schabas. During the referendum debate, adversaries of the Statute have suggested that the provision might be used to attack countries like Ireland where access to abortion is strictly controlled. But out of respect for the sensibilities of countries like Ireland, the Statute of the International Criminal Court also declares: "This definition shall not in any way be interpreted as affecting national laws relating to pregnancy." "The referendum challenge based on the abortion question is ill-informed and simply wrong," said Professor Schabas. Professor Schabas is an internationally-recognized expert on the International Criminal Court and was a delegate to the 1998 Rome Conference at which the Statute of the Court was adopted. Ends Information from: Máire Mhic Uidhir, Press Officer, NUI, Galway

Release date: 28 May, 2001 Human Rights Expert calls for support for the two other Referendums While most attention has been paid to the ratification of the Treaty of Nice on 7th June, two other referendums will also take place on that day. These provide for a constitutional amendment approving of the International Criminal Court and prohibiting introduction of the death penalty. "These two referendums, which raise very important human rights concerns, appear to have been marginalised by public debate about the Nice Treaty", said Professor William A. Schabas, director of the Irish Centre for Human Rights. Professor Schabas explained that the Centre, located at National University of Ireland, Galway, is concerned that public opinion be properly sensitised to the importance of the abolition of capital punishment and support for the International Criminal Court. "Ireland appears to be the first country in the world to have such a referendum on capital punishment", said Professor Schabas. "Although capital punishment has been abolished in Ireland for many years, the constitutional referendum will prevent capricious legislators from reintroducing it", he explained. The recent debate in the Oireachtas on the death penalty referendum indicated virtual unanimity. Only one TD spoke in favour of capital punishment, but his arguments were antiquated and out of step with the current debate. He insisted on the death penalty's alleged deterrent value. But virtually all experts now agree that compared with detention in prison, capital punishment offers no measurable additional deterrent value."The deterrence thesis has been abandoned even by capital punishment's fervent advocates in the United States", noted Professor Schabas. A recent poll shows that even the American public no longer believes in deterrence. "If the public doesn't believe it deters, then who exactly is being deterred?" he asked.Internationally, the recent success of abolitionism has been dramatic. In 1989, Amnesty International published figures showing 100 states still retained the death penalty while 80 had abolished it in one form or another. This year, the Secretary-General of the United Nations reported that 123 states have abolished capital punishment, and only 70 still use it. "Within the past decade, Russia dropped capital punishment as a condition for joining the Council of Europe and South Africa eliminated it by judgement of its new Constitutional Court. Only last week the Ukraine abolished capital punishment", added Professor Schabas. "Abolitionism also now prevails in Latin America and much of Africa". "A successful Irish referendum on capital punishment will have international repercussions," said Professor Schabas. "It will testify to evolving public opinion in a mature, progressive society. It may also give a friendly nudge to the Americans, who are doing a lot of soul-searching on the question right now." "But if Ireland is in the forefront on the death penalty, it is seriously dragging its heals with respect to the International Criminal Court", said Professor Schabas. Already, thirty-two countries have ratified the Rome Statute, which will come into force with the sixtieth ratification, likely to take place within the next twelve months. "Although Irish diplomats have been very supportive of the Court", said Professor Schabas, "it has taken three years since adoption of the Rome Statute for the referendum to be held. Assuming it is successful, Ireland will still need to adopt legislation to permit co-operation with the Court before it can ratify the Statute. "It is extremely important that implementing legislation be adopted without delay. Otherwise Ireland will not be one of the original parties when the Court is established, and will not be able to nominate a judge", Professor Schabas warned. The Irish Centre for Human Rights, at the National University of Ireland, Galway, is engaged in teaching, research and advocacy relating to human rights within Ireland and internationally. Professor is available for interview on both referendums. End For more information:Máire Mhic Uidhir, Press Officer, NUI, Galway. Tel. 091 750418

Release date: 15 May 2001 Ireland's winning industrial formula protects economy against effects of US downturn Fears that the Celtic Tiger economy will be severely affected by the downturn in the US economy are unfounded according to research carried out in NUI, Galway and just published by the OECD. Irish Government policy of creating 'clusters' of similar type industries and embedding foreign firms within the local economy has proved to be a winning formula in the development and sustainability of Ireland's extraordinary economic metamorphosis,' says Professor Roy Green of the Department of Management at NUI, Galway and leader of the research team. The research project is entitled, Boundaryless Cluster: Information and Communications Technology in Ireland.What has happened in Galway in the 1990s, according to Professor Green, is a microcosm of the success of Ireland as a whole in the information and communications technology (ICT) sector, as well as healthcare, financial services and pharmaceuticals. The emergence of a powerful software sector in Galway in the wake of the Digital closure of 1993, resulted from a combination of measures to attract foreign investment and build local supply chains into a 'boundaryless' cluster. 'This regional cluster is boundaryless in the sense that its global character defies traditional stereotypes of domestic rivalry and collaboration,' explains Professor Green. There are at present sixty ICT companies in the Galway region. "Although Ireland is not completely protected against market conditions, the integration of investors within local clusters, the emphasis on linkages within research and educational institutions and the shift of firms higher up the value chain, all militate against closure or relocation", says Professor Green. The main findings of Professor Green's research include the following: The globalised nature of Irish ICT, the influence of the multinational sector and the niche operations of indigenous firms suggest the need for a new, more outward-looking approach to the advent of the "boundaryless" cluster. The presence of at least one large ICT operation provides a useful catalyst and focus for cluster development. This presence affords the opportunity to build local capacity in new technologies and skills both within the operation itself and more widely in the emerging cluster through outsourcing, vertical supply chains and ultimately, horizontal inter-firm linkages. The development of the regional skills base is cumulative and parallels the scale and sophistication of the industry cluster, whose growth patterns are themselves path dependent. The Galway experience suggests that appropriate regional business support structures are the final major local ingredient in successful cluster development. Without such structures, skilled personnel would be unemployed or underemployed, or alternatively would emigrate. Enterprise Ireland's role in developing an indigenous, entrepreneur-driven technology sector has been complimented with a newly-announced commitment to create 'clusters of new knowledge-intensive enterprises in regional centres'. The instrument of intervention will be a series of technology hubs known as "Webworks", whose task will be to 'generate a critical mass of high potential start-ups in the regions – companies that are high R&D and export performers. The first Webworks Facility is to be established in Galway. The sustainability of the ICT cluster will derive from constant innovation, which in turn must be based on leading-edge research and research training. Professor Green says that the cluster dynamic is supplied in the case of Irish regions by 'a unique mix of inter-firm collaboration, interaction and rivalry, by the development and constant replenishment of common pools of skilled labour, by the localised support of research and educational institutions, by the commitment of local business organisations and unions and by the strategies of national and regional development agencies'.Professor Green is available for interview on his research Ends Information from: Máire Mhic Uidhir, Press Officer, NUI, Galway. Tel. 091-750418