Written answers

Friday, 7 September 2018

Department of Foreign Affairs and Trade

Human Rights

Photo of Seán CroweSeán Crowe (Dublin South West, Sinn Fein)
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55. To ask the Minister for Foreign Affairs and Trade if the practical toolkit on business and human rights for public and private entities that was promised in the national plan on business and human rights has been developed; if not, when it will be completed; and if so, if it has already been circulated to relevant public and private entities. [36351/18]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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The development of a practical toolkit on business and human rights for public and private entities is one of the initial priorities for the Business and Human Rights Implementation Group, to be established under the National Plan on Business and Human Rights.

As provided for under the Plan, work is currently underway on a comprehensive baseline assessment of the legislative and regulatory framework pertaining to business and human rights as it applies in Ireland. This work is expected to be completed by October and will guide the work of the Implementation Group in delivering on the Plan’s key commitments, including the toolkit.

Photo of Seán CroweSeán Crowe (Dublin South West, Sinn Fein)
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56. To ask the Minister for Foreign Affairs and Trade if he, or his officials, have contacted the ESB to encourage and support awareness of effective human rights due diligence; if his attention has been drawn to the fact that a commitment to encourage and support awareness of effective human rights due diligence by State owned or controlled companies formed part of The State Duty to Protect Human Rights section of the National Action Plan on Business and Human Rights; and the support that has been extended to the ESB in this regard. [36352/18]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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The goal of the National Plan on Business and Human Rights 2017 -2020, published in November 2017, is to promote responsible business practices at home and overseas by all Irish business enterprises. A key commitment of the Plan is the establishment of a Business and Human Rights Implementation Group, to comprise representatives from Government, the business community and civil society, which will have responsibility for delivering and reporting on a number of actions. In this regard, a number of initial priorities have been identified in the Plan, including a commitment to encourage and support awareness of effective human rights due diligence by State owned or controlled companies. Work is currently underway in my Department on the appointment of the Implementation Group and I expect it to take up this task once it is in place.

Photo of Seán CroweSeán Crowe (Dublin South West, Sinn Fein)
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57. To ask the Minister for Foreign Affairs and Trade if his attention has been drawn to the report of the UN Independent International Fact-Finding Mission on Myanmar of 27 August 2018; if his attention has been further drawn to the fact that the report found that Myanmar's armed forces had taken actions that amounted to the gravest crimes under international law including genocide; and his views on the report’s findings and recommendation that Myanmar's senior military officials must be prosecuted for genocide and war crimes against the Rohingya and other ethnic minorities. [36353/18]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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The Report of the Independent International Fact-Finding Mission (IIFFM) on Myanmar makes for harrowing reading. Ireland has strongly supported the mandate of the IIFFM since it was established in March 2017 and I offer my thanks to them for their work and for this report. The findings of the IIFFM corroborate many of the eyewitness accounts which have emerged from Myanmar in recent times. In particular the report provides credible findings that human rights violations amounting to crimes against humanity and war crimes have been committed by members of the Burmese Military (Tatmadaw) and other security forces in Rakhine, Kachin and Shan States. These crimes include the widespread killing of civilians; rape and sexual violence; torture and enforced disappearances.

The IIFFM’s report also finds that there is sufficient evidence of crimes committed in Rakhine State being so grave that they warrant a competent court to determine the liability for the crime of genocide of those in the Tatmadaw chain of command.

I fully support the findings of the IIFFM. The work of the IIFFM in investigating allegations, recording victim testimony and gathering other evidence, so that it can be preserved for further criminal proceedings, is crucial to ensuring full accountability.

The report of the IIFFMM notes that the crimes in Myanmar “stem from deep fractures in society and structural problems that have been apparent and unaddressed for decades.”

It is therefore imperative that Myanmar and the international community respond comprehensively to the findings of the report and its recommendations in a way that addresses the long-standing root causes of this crisis and in a manner that ensures the perpetrators of the crimes described in the report are swiftly brought to justice.

I have taken note of the recommendations and Ireland is actively engaging with our international partners in preparing responses, including at the upcoming 39th Session of the Human Rights Council where this report will be formally presented.

Photo of Seán CroweSeán Crowe (Dublin South West, Sinn Fein)
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58. To ask the Minister for Foreign Affairs and Trade if his attention has been drawn to the fact that to date in 2018, 18 environmental activists have been killed in Guatemala and it is now one of the most dangerous countries in the world for environmental activists (details supplied); if the killing of these activists will be condemned; and if the issue will be raised with his Guatemalan counterpart. [36354/18]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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I am aware of the difficult situation that currently exists for environmental activists and other civil society actors in Guatemala, and across Latin America, and my Department is monitoring developments closely.

I unreservedly condemn the violence being perpetrated against these groups, and would like to extend my sympathies to all those affected. The rights of freedom of expression and to peaceful demonstration are essential to a functioning democracy and must be protected.

Although great advances have been made in Guatemala since the signing of peace accords in 1996 that marked the end of three decades of civil war, I am aware that there are concerns about a culture of historic impunity that remains. I urge the Government of Guatemala to fully investigate the incidents to which the Deputy refers and to bring the perpetrators to justice.

Ireland engaged in the Review of Guatemala during the 28th Session of Universal Periodic Review of the Human Rights Council in Geneva in November 2017. We took this opportunity to voice concerns over attacks and intimidation against human rights defenders in Guatemala, and called on the Government of Guatemala to take all necessary measures to protect human rights defenders.

We also took the opportunity of the Universal Periodic Review to urge the Government of Guatemala to continue with its efforts to address inequality suffered by indigenous peoples, a group which I understand is heavily affected by the violence outlined by the Deputy. I reiterate these calls today and urge their Government to protect all civil society actors and their ability to carry out their important work across the country. While we do not have a resident embassy in Guatemala, my officials in the Department of Foreign Affairs and Trade in Dublin meet regularly with civil society organisations and human rights defenders active in Guatemala and the wider region, and raise concerns at EU and international level.

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