A/HRC/41/49
bisexual, transgender and intersex persons.17 This development was addressed in a
dedicated Forum session, at which participants discussed how bridges could continue to be
built between activists and the private sector and how mutual trust and accountability could
be created.18
72.
Indigenous peoples’ representatives from all regions shared examples of adverse
impacts of business activities on their respective communities. Human rights abuse in the
context of exploitation of natural resources by national and international companies is a
recurrent issue, and participants highlighted challenges related to the protection and
documentation of land and resource rights and the need for companies to ensure that any
Government-granted licences or agreements are based on free, prior and informed consent.
It was stressed that companies were responsible for providing clear and comprehensive
information to indigenous communities and must understand and respect their local
decision-making processes.
B.
Human rights defenders, civic freedoms and the role of business
73.
The Forum continued to address the alarming situation for human rights defenders
worldwide who speak out against risks and abuse related to business activities and
investments. Figures provided by civil society organizations highlighted that attacks against
defenders and restrictions on civic space in general continued to rise in 2018. Among the
issues of concern were the increase in the criminalization and the killing of indigenous and
community leaders. According to data from the Business and Human Rights Resource
Centre, members of those groups made up over 50 per cent of cases and killings of
community leaders had increased 20 per cent from 2017. The same data highlighted that the
agriculture sector had surpassed mining as the most dangerous sector for defenders, with
more than 70 cases in the period 2015–2018. A major concern is the growing number of
legal threats against defenders, including the use of strategic lawsuits against public
participation (“SLAPPs”). This issue was the topic of a dedicated panel discussion, where it
was noted that human rights defenders in all regions continued to be seen as obstacles to
economic development, suffering intimidation, prosecution, including under the guise of
“anti-terrorism” laws, lengthy and expensive lawsuits aimed at silencing them (such as
SLAPPs) and attacks. The need for effective laws and policies to protect defenders as well
as real commitments by States and companies to engage meaningfully with critical voices
was reiterated throughout the Forum.
74.
The positive role that business can play in advancing respect for and support to
human rights defenders and civic freedoms when they are under attack was also
highlighted. Reference was made to a recent report, “Shared space under pressure”,
commissioned by the Business Network on Civic Freedoms and Human Rights, in which
concrete examples of action by companies and business organizations are outlined. Other
positive examples of steps taken by various organizations include:
• The statement on human rights defenders and media representatives and the
associated complaint mechanism announced by the Fédération internationale de
Football Association (FIFA)19
• The American Bar Association Justice Defenders Programme, which provides pro
bono assistance to human rights defenders pursuing complaints against businessrelated human rights impacts20
• Collaboration between business, Government and civil society in Colombia to
protect human rights defenders through a protocol on early warnings and urgent
17
18
19
20
See www.unfe.org/standards/.
See http://webtv.un.org/search/panel-on-rights-of-lgbti-people-forum-on-business-and-human-rights2018/5972148544001/?term=&lan=english&cat=Forum%20on%20Business%20
and%20Human%20Rights&page=1.
See https://resources.fifa.com/image/upload/ejf1ecdku14lm2v9zc03.pdf.
See www.americanbar.org/groups/human_rights/justice_defenders/.
17
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents