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Human Rights Council 35th session (6-23 June 2017)

Interactive dialogue with the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions; and the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity

6 June 2017

Statement of Ireland

Ireland aligns itself with the EU statement and adds the following.

We welcome both the Special Rapporteur and the Independent Expert and thank them for their presentations today.

Mr President

We deeply appreciate the opportunity to address for the first time in this Council the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity.

The establishment of this mandate was an important recognition not of any new rights – but rather simply of the particular challenges faced by LGBTI persons in enjoying their rights, without discrimination.

It is unfortunately the case that violence and discrimination on the basis of sexual orientation and gender identity remains prevalent; and that human rights defenders active on LGBTI issues continue to face intimidation, threats and attacks for doing so. We look forward to working with you and strongly urge all States to take advantage of the opportunity to cooperate with you in order to better protect and promote the rights of all persons, without distinction.

We appreciate the emphasis placed in your first report on cooperation and constructive dialogue, including not only with States but with international and regional organisations, civil society and the private sector. You have also highlighted intersectionality as a key issue.

We would be interested to hear more on the concrete plans you have for cooperation with other Special Procedures of this Council, both thematic and country-specific, in fulfilment of your mandate; as well as with other bodies and agencies in the UN.

We would welcome further information on the opportunities for cooperation which you see in connection with the SDGs. How can we as States best assist and engage with you in the task of achievement of those Goals?

Turning now to the Special Rapporteur on Extrajudicial Executions:

We recall that this mandate was the first thematic mandate appointed by the Commission on Human Rights on a worldwide basis. It is a matter of regret that it remains so necessary today.

It is clearly established and we fully agree with your view as expressed in the report that the right to life includes both procedural and substantive elements; and that the positive obligation on States in connection with the right to life means that in some circumstances, in particular where the authorities knew or ought to have known of a real and immediate risk to life from the criminal acts of a third party, killings by non-State actors may engage the responsibility of the State.

While we do not share all your analysis, which is very far-reaching, we nonetheless appreciate that you seek to bring a gender-sensitive perspective to the problem of extrajudicial executions, in line with the parameters of the mandate.

Finally we note that a resolution renewing the mandate will this session be put forward by Sweden. We fully support that initiative and call on all States to do likewise.

Thank you