Seanad debates

Tuesday, 26 April 2022

Nithe i dtosach suíonna - Commencement Matters

Human Rights

2:30 pm

Photo of Garret AhearnGarret Ahearn (Fine Gael) | Oireachtas source

I thank the Minister of State for coming to the Chamber to take this matter. This is an important issue and the fact that the Minister of State is here is evidence of that. This matter arose on foot of the publication of a directive from the European Commission on mandatory human rights and environmental due diligence. Most people across Europe would welcome that document but there is one aspect of it that is of concern, namely, the absence of a specific clause on the protection and empowerment of human rights defenders. The reason that is surprising and alarming is because, on the basis of Article 21 of the Treaty on European Union, support for human rights defenders is an EU priority. When a mandatory human rights and environmental due diligence directive is put forward and there is a priority for human rights defenders in an EU treaty, one would think that would be included in it.

I met Mary Lawlor, the UN Special Rapporteur on Human Rights Defenders. We had an interesting meeting and she had a number of concerns that she wanted to get across. She believes that Ireland can play a key role in the following ways. First, the Commission should include a specific obligation on companies to take steps to prevent retaliation against human rights defenders across the world because they are subject to serious acts of retaliation when raising concerns. In 2020, there were just in excess of 600 attacks on human rights defenders in countries in South America, Africa and Asia and this happens with European companies. Some of those acts of violence resulted in the killing of individuals who have spoken up. All EU member states will be obliged to introduce some form of human rights and environmental due diligence for businesses as a result of this EU directive on corporate sustainable government. The protection of human rights defenders is a key priority in the context of our foreign policy, and we can lead on a number of human rights defender initiatives at the UN. Environmental and indigenous people's rights defenders face particular risks, often for raising human rights violations in the context of business practices.

The recommendations contained in the implementation review of the first national action plan on business and human rights stated that Ireland should be a global leader in this policy area and that it should consider moving ahead of the EU in the context of legislation. Could the Government commit to ensuring that human rights defenders will be named as stakeholders in our human rights and environmental due diligence legislation when we publish it? Can they further ensure that companies will be required to publish zero-tolerance policies regarding attacks on human rights defenders? We have a great record as a country in defending free speech, human rights and whistleblowers, and we can play a leading role from a European perspective in defending those rights across the world. These situations have happened with big European companies, particularly in South America. Unless we put this legislation in place, we will not fully protect those individuals. I look forward to the Minister of State's response.

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