The UN Human Rights Council should adopt a resolution which recognises the crucial role of human rights defenders in promoting corporate responsibility and accountability, and which responds to the disturbing global pattern of attacks against defenders who undertake this work, the International Service for Human Rights said today.
(Update - 11 June 2014) - In a statement delivered today, ISHR called on the UN Human Rights Council to ensure that any resolution on business and human rights adopted at its 26th session contains concrete calls for States to support and protect human rights defenders who work on issues of business and human rights, and to investigate and ensure accountability for attacks and harassment against such defenders.
A joint statement delivered by Norway similarly noted the 'high number of submissions on alleged abuses linked to business activities' and reaffirmed 'the important and legitimate role of trade unions, civil society organizations and human rights defenders in raising awareness of the human rights impacts and risks of some business enterprises and activities'.
(Geneva) – The UN Human Rights Council should adopt a resolution which recognises the crucial role of human rights defenders in promoting corporate responsibility and accountability, and which responds to the disturbing global pattern of attacks against defenders who undertake this work, the International Service for Human Rights said today.
The call comes as Human Rights Watch appealed for an urgent investigation into threats and violence against human rights defenders and activists who are protesting planned oil exploration projects in the Democratic Republic of Congo, while the Asian Human Rights Commission expressed serious concern at the imminent risk of violence against human rights defenders protesting the negative effects of mining in Thailand's Loei Province.
The 26th session of the Human Rights Council commences in Geneva next week and presents an unprecedented opportunity for the international community to support and protect the work of human rights defenders in promoting corporate accountability.
In advance of the session, Norway has announced that it will introduce a resolution which focuses on implementation of the UN Guiding Principles on Business and Human Rights, while Ecuador has said it will continue efforts towards the development of a treaty on business and human rights.
'The protection of human rights defenders should be at the heart of any resolution on business and human rights,' said ISHR Director Phil Lynch.
'Human rights defenders have a crucial role to play in promoting corporate responsibility and advising States and business as to the implementation of the Guiding Principles. They also have a crucial role to play in exposing corporate human rights violations and working with victims to ensure accountability and achieve justice where they occur,' Mr Lynch said.
Disturbingly, human rights defenders in all regions are facing worsening attacks and restrictions from both governments and private actors in retaliation against this work.
In April this year, Global Witness released a major report which documents a sharp increase in the killing of human rights defenders working on land and environment issues, many of which implicate corporations and other private actors. The report also documents a lack of accountability for such attacks, with more than 90% being perpetrated with impunity.
Similarly, the most recent report of the UN Special Rapporteur on Human Rights Defenders documents ‘credible reports and allegations indicating that private corporations are involved in violations against defenders, including stigmatization, threats, harassment, attacks, death threats and killings.’ The report identifies ‘defenders working on land and environmental issues in connection with extractive industries and construction and development projects’ as facing a particularly ‘high risk of violations’. It also expresses deep ‘concern about the increased criminalization of social protest often in connection with the peaceful expression of opposition to public or private development projects’.
‘ISHR is deeply concerned at the worsening pattern of attacks and restrictions against human rights defenders who work to expose and seek accountability for corporate human rights violations,’ said Mr Lynch.
‘From the DRC and Thailand, to Mexico and Russia, human rights defenders are being criminalised and attacked for their work to identify, mitigate and remedy human rights violations associated with business operations,’ Mr Lynch said.
'This is despite the constructive and positive role that human rights defenders can play in assisting business to consult with affected communities, to conduct human rights impact assessments, and to mitigate the human rights risks and maximise the human rights benefits of their operations.'
In the context above, ISHR calls on the sponsors and supporters of the proposed Human Rights Council resolutions on business and human rights to ensure that they include language which:
ISHR also considers that any resolution on business and human rights should strengthen and build on both the UN Guiding Principles and the mandate of the UN Working Group on Business and Human Rights, particularly with respect to that body's capacity to receive and respond to individual complaints and communications.
In addition to supporting the adoption of a Human Rights Council resolution incorporating the provisions above, States should also take a range of steps and measures to strengthen the recognition and protection of human rights defenders working on business issues at the national level:
Corporations and other non-State actors also have a role to play in protecting and supporting human rights defenders:
As part of our efforts to influence the proposed Human Rights Council resolution, ISHR will hold a side-event on the topic of business and human rights defenders in Geneva on 13 June. Panelists include the newly appointed Special Rapporteur on Human Rights Defenders, Michel Forst. The event will also be webcast and you can follow and interact with it on Twitter by following @ISHRglobal and using #HRDs.
Contact: Phil Lynch, Director, on [email protected] or + 41 76 708 4738.