A RECORDING OF THIS SESSION IS AVAILABLE HERE.Session organized by the Working Group on Business and Human Rights in collaboration with Asian Forum for Human Rights and Development, BHRRC, ISHR, FIDH, Swedwatch, OECD Watch, The B Team, Frontline Defenders and Publish What You Pay
Interpretation in English, French, and Spanish availableBrief description of the session The session will start with an introduction by Anita Ramasastry, the Chair of the Working Group on Business and Human Rights, including the announcement of the recipient of the 2020 Human Rights and Business Award, an annual award "for outstanding work by human rights defenders in the Global South or former Soviet Union addressing the human rights impacts of business in those regions". A short video about the recipient will be posted on the Forum webpage.
The session will then be split into two halves, with the first half focusing on the role that human rights defenders have in defending human rights during the COVID-19 pandemic, and the ways in which they should be included in the process of ‘building back better’. The second half will focus on the ideas that human rights defenders are proposing in the context of a just recovery, including how their ideas should be featured in plans proposed by governments and business.
The session will help inform the WG’s project ‘
Business and human rights: towards a decade of global implementation' (also known as “UNGPs 10+ / Next Decade BHR”). Centred around the upcoming tenth anniversary of the UNGPs in 2021, the project is taking stock of practice to date, identifying gaps and challenges, and developing a vision and roadmap for scaling up implementation of the UNGPs over the course of the next decade.
Key objectives This session aims to:
- Reflect in general terms on the gravity of the situation currently facing human rights defenders.
- Consider the role that human rights defenders have in defending human rights during the pandemic, and the ways in which they should be included in the process of ‘building back better’.
- Reflect on the ideas that human rights defenders are proposing in the context of a just recovery, in particular related to tackling unsustainable inequality, climate breakdown, and opposing a return to unsustainable ‘business-as-usual’, including how their ideas should be featured in plans proposed by governments and business.
- Discuss the State obligation to protect human rights defenders at risk by encouraging and/or mandating robust human rights due diligence, by both international and national financial institutions and companies, that takes into account risks to human rights defenders, and reflect on strategies that some States are taking to reduce the possibility of attacks against human rights defenders.
- Showcase emerging business policies, practices and processes (e.g. using leverage to support human rights defenders under threat, engaging with States on issues facing human rights defenders, introducing policies and processes that address risks to human rights defenders).
- Highlight challenges and opportunities to strengthen protections for human rights defenders in the context of a just recovery.
Key questions- What has been the role of human rights defenders in defending human rights during the pandemic, and what are the ways in which they should be included in the process of ‘building back better’?
- How should human rights defenders be included going forward and what are the positive steps taken by companies and businesses to protect them and address attacks against them?
- What are the challenges that human rights defenders face when trying to fulfil their role within the framework of human rights due diligence, or generally participating in consultations and decision-making?
- What are the alternatives that human rights defenders are proposing to prevent harm?
- What are the new systems that would proactively welcome the voices and input of human rights defenders on different projects, and what are new approaches to business/investment?
Background to the discussion Threats to human rights defenders and to civic freedoms are global issues. Many human rights defenders are under threat and attack because they raise concerns about adverse human rights impacts of business operations, often in the context of large development projects that affect 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 by many actors 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 expand civic space. Business activities may pose challenges to many different kinds of defender populations, for example, indigenous peoples and women human rights defenders.
Since the start of the COVID-19 pandemic, attacks against human rights defenders have continued and in many cases they have worsened as human rights defenders have faced greater risks due to some governments misusing the situation to further curtail civil rights to participate in public decision-making, and deploy state forces to repress legitimate, peaceful protests and obstruct access to justice. Their voices are crucially needed at this time, yet in too many countries they are being silenced through threats, dismissals, lawsuits, intimidation, violence and killings.
The importance of human rights defenders in the context of business-related impacts on human rights is recognised by the Guiding Principles. They highlight the key role that human rights defenders can have in human rights due diligence and in enabling companies to understand the concerns of affected stakeholders. In particular, they:
- 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; and
- Urge States to ensure that the legitimate activities of human rights defenders are not obstructed.
Forward looking businesses are embracing their responsibility to assess and address any risks to human rights defenders their activities may pose - recognizing that our collective fate and that of our planet depends on human rights defenders being able to safely continue their work.
The inclusion of human rights defenders in government and business decisions and processes is vital and particularly challenging right now. Their parti
