2018 United Nations Forum on Business and Human Rights

http://webtv.un.org/meetings-events/human-rights-council/forum-on-business-and-human-rights/watch/panel-on-safeguarding-human-rights-defenders-forum-on-business-and-human-rights-2018/5972123912001/?term=

Organized by the UN Working Group on Business and Human Rights in collaboration with: 

• Business & Human Rights Resource Centre
• Asian Forum for Human Rights and Development (FORUM-ASIA)
• Global Witness
• International Federation for Human Rights (FIDH)
• International Service for Human Rights
• Peace Brigades International
• Rafto Foundation for Human Rights

Brief description of the session :

The need for enhancing protection of human rights defenders who speak up against business-related human rights impacts is a standing item on the Forum’s agenda. This session led by the UN Working Group in collaboration with NGOs is envisaged to consist of two parts:

1. The first part of the session will be dedicated to showcasing new efforts to strengthen corporate respect and support for human rights defenders. Presentations will be brief, but meant to highlight encouraging initiatives and action.
2. The second part of the session will focus on the growing trend of criminalization and legal harassment of defenders who speak up against business-related impacts and identify concrete action to be taken by governments, business and others to address it. The panel aims to identify what "human rights due diligence" is needed and what are some of the practical considerations for preventing that companies become involved in criminalization and legal harassment of defenders who engage in legitimate efforts to address potential and actual adverse impacts. This will include identifying steps to be taken by:

• home States
• host States
• companies that cause negative impacts and who are the main targets of criticism
• companies that have business relationships to those causing the abuse (typically transnational corporations and their responsibility to address impacts in their supply chain)
• investors
• companies that invest in contexts where criminalization of human rights defenders is a salient issue

Background to the discussion:

Threats to human rights defenders and to civic freedoms are increasing concerns globally. A large number of human rights defenders are under threat and attack because they raise concern about adverse human rights impacts of business operations, often in the context of large development projects that affects access to land and livelihoods. At the same time, the space for civil society actors to raise concerns about human rights impacts is shrinking, and human rights defenders face criminalization when engaging in public protest or civil dissent.
Concerns are being raised about the role of business in contributing to attacks against human rights defenders or in failing to take action against such attacks. Questions are also being raised about the role of business in helping to protect human rights defenders and civic space.
States have the primary obligation to ensure the rights and protection of human rights defenders, as set out in various human rights instruments – in particular the UN Declaration on Human Rights Defenders – and as reaffirmed in many UN Human Rights Council and General Assembly resolutions, including through the March 2016 resolution on the protection of human rights defenders working on economic, social and cultural rights.
The importance of human rights defenders in the context of business-related impacts on human rights is recognized by the UN Guiding Principles on Business and Human Rights. They highlight the key role human rights defenders can have in human rights due diligence and enabling companies to understand concerns of affected stakeholders. In particular, the Guiding Principles:

• Urge businesses to consult human rights defenders as an important expert resource as part of their human rights due diligence, as defenders have a key role as watchdogs, advocates and voice for affected stakeholders.
• Urge States to ensure that the legitimate activities of human rights defenders are not obstructed.

References

• The deadly price of fighting for human and environmental rights - Anita Ramasastry, UN Working Group on Business and Human Rights; Michel Forst, UN Special Rapporteur on the situation of human rights defenders; David R. Boyd, UN Special Rapporteur on human rights and the environment; Victoria Tauli-Corpuz, UN Special Rapporteur on the rights of indigenous peoples
• Protecting and respecting those who speak up against business impacts on human rights - takeaways from the 2017 UN Forum and the way forward - UN Working Group