Seán Crowe (Dublin South West, Sinn Fein)
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22. To ask the Minister for Foreign Affairs and Trade if his attention has been drawn to business practices being conducted by Irish companies in Western Sahara; if his attention has been drawn to San Leon’s operations in the country; and if he will request that Irish companies operating there immediately suspend their business, until such time as the Saharawi people directly benefit from the presence of international companies in their country. [8276/15]

Charles Flanagan (Laois-Offaly, Fine Gael)
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Ireland has consistently supported the right to self-determination of the people of Western Sahara. Ireland has not taken a position on the future status of the territory, so long as that status is decided in a genuine exercise of self determination.

At present, Western Sahara is a non-self governing territory. Under international law, the economic resources of a non-self governing territory may only be exploited for the benefit of the people of the territory, on their behalf or in consultation with their representatives. Any exploration and exploitation activities that proceed in disregard of the interests and wishes of the people of Western Sahara would be in violation of the principles of international law applicable to natural resource activities in non-self governing territories.

I would expect that any Irish company operating abroad would have due regard to the principles of international law and the rights of the inhabitants of the territory in which it is operating. My Department has committed to develop a National Plan on Business and Human Rights, which will assist companies in advancing the United Nations Guiding Principles on Business and Human Rights (UNGPs).

The UNGPs were adopted by the UN Human Rights Council in 2011 and as a member of the Council, Ireland along with all members of the EU, is committed to supporting the UNGPs on Business and Human Rights.

The National Plan will be designed to help Government departments, State agencies, Irish companies, Multinational Enterprises (MNEs) operating in Ireland and Irish enterprises operating abroad adhere to and promote the UNGPs.

The National Plan on Business and Human Rights will seek:

(i) to set out the current state of play in relation to actions which can be deemed to already assist in the implementation of the UNGPs; and

(ii) to set out actions which can be taken over a 2/3 year period in order to further implement the UNGPs.

The Human Rights Unit (HRU) of the Department of Foreign Affairs and Trade is leading the development of the plan. An inter-departmental working group has been formed consisting of focal points from each Government Department. A wide consultation process is being undertaken. The Department of Foreign Affairs and Trade NGO Forum on Human Rights which took place on 7 November 2014 provided the opportunity for NGOs, trade unions, academics and business to exchange views on the plan and possible actions. The Human Rights Unit has also established a dedicated e-mail inbox to which members of the public can send submissions in relation to the National Plan (businesshr@dfa.ie) by 1 March 2015. HRU will shortly begin the process of drafting the national plan.

Bernard Durkan (Kildare North, Fine Gael)
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23. To ask the Minister for Foreign Affairs and Trade the extent to which he and his European Union and United Nations colleagues continue in their endeavours to bring about a cessation of the public and private execution of innocent civilians, prisoners, detainees and captives by any organisation, for whatever political or other objectives; the extent to which any such perpetrators will be charged before the international war crimes court; and if he will make a statement on the matter. [8281/15]

Charles Flanagan (Laois-Offaly, Fine Gael)
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International law imposes restrictions on the use of the death penalty. Ireland is completely opposed to the death penalty in time of peace or war and is party to various UN and European human rights treaties that have successively limited (and, in the case of the Council of Europe, completely outlawed) the practice. Furthermore, Ireland condemns all forms of arbitrary, summary and extrajudicial executions.

In November 2014 Ireland, together with the other EU Member States, co-sponsored the UN General Assembly’s resolution on extrajudicial, summary or arbitrary executions. At the core of this resolution are the right to life and the fight against impunity. Notably, by way of this resolution, the General Assembly expressed its deep concernabout acts that can amount to extrajudicial, summary or arbitrary executions committed against persons exercising their rights of peaceful assembly and freedom of expression in all regions of the world, and about killings committed by non-State actors, including terrorist groups and criminal organisations, that may amount to abuses of international human rights law and violations of international humanitarian law.

The strong text of this resolution includes references to killings of persons belonging to national or ethnic, religious and linguistic minorities or because of their sexual orientation or gender identity; killings of persons for reasons related to their activities as human rights defenders, lawyers, journalists or demonstrators; killings of persons affected by terrorism or hostage-taking or living under foreign occupation, racially motivated killings, killings of refugees, internally displaced persons, migrants, street children or members of indigenous communities, killings committed in the name of passion or in the name of honour, and killings committed for discriminatory reasons on any basis.

In June 2014, during the 26^thsession of the UN Human Rights Council, Ireland co-sponsored the resolution which renewed the mandate of the UN Special Rapporteur on extrajudicial, summary and arbitrary executions. This resolution reiterates the obligation of all States to conduct exhaustive and impartial investigations into all suspected cases of extrajudicial, summary or arbitrary executions; to identify and to bring to justice those responsible, while ensuring the right of every person to a fair and public hearing by a competent, independent and impartial tribunal established by law; to grant adequate compensation within a reasonable time to the victims or their families and to adopt all necessary measures, including legal and judicial measures, in order to bring an end to impunity and to prevent the recurrence of such executions.

As recognised in the above resolutions, extrajudicial, summary or arbitrary executions may in certain circumstances amount to genocide, crimes against humanity or war crimes as defined in international law, including the Rome Statute of the International Criminal Court. In circumstances where the Court has jurisdiction by virtue of such executions taking place in the territory of a state party or state that has accepted the Court’s role, or by the national of such a state, or where the United Nations Security Council has determined that the ICC has jurisdiction, prosecutions may be brought against alleged perpetrators in appropriate circumstances.

Let me reassure the Deputy that Ireland is committed to upholding the respect for international law in order to prevent extrajudicial, summary or arbitrary executions in all circumstances and to working for the complete abolition of the death penalty.