Maureen O'Sullivan (Dublin Central, Independent)
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75. To ask the Minister for Foreign Affairs and Trade the measures his Department has taken in advising Irish companies of the consequences of their activities in Western Sahara while under Moroccan occupation, in view of his commitment to the self determination of the Sahrawi people in Western Sahara. [3033/17]

Charles Flanagan (Laois, 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) adopted by the Human Rights Council in 2011.

The National Plan is 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. Following the publication of the Working Outline of the National Plan on Business and Human Rights in late 2015, my Department engaged in an extensive consultation process with the aim of ensuring the broadest possible participation in the development of the Plan. Work on the Plan is nearing conclusion and I expect that it will be published within the next three months.

Ireland continues to engage in EU and UN discussions aimed at promoting the UN Guiding Principles on Business and Human Rights. Most recently, Ireland, together with other EU Member States, reiterated our collective commitment to the implementation of the UN Guiding Principles at the fifth UN Annual Forum on Business and Human rights in Geneva in November 2016.