A/HRC/38/49 (d) The increase in attacks on those who speak up against corporate impact on human rights and shrinking civic space. As an increasing number of States were introducing restrictions on civic space, in 2016 the number of attacks against and killings of human rights defenders speaking up against business-related impacts continued to rise. Two opposing trends were highlighted: on the one hand, there were more examples of positive engagement by business to stand up for civic freedoms or in defence of individuals; on the other, collusion between abusive government actors and business interests remained a major challenge. There was also often a lack of coherence between corporate commitments on social issues and their lobbying efforts, which may undermine human rights protection. With regard to Governments, it was recommended that they include protection of human rights and environmental defenders in their national action plans on business and human rights, and take concrete steps to address the problem of criminalization and other forms of retaliation targeting defenders. Business actors should on their side not use criminal and defamation laws and avoid strategic lawsuits against public participation (“SLAPPs”) to silence people who raise concerns about adverse effects of business activities. A human rights defender speaking in the panel gave a simple yet powerful piece of advice to business: listen to those who raise concerns about human rights risks and impacts. One of the best ways to understand the situation on the ground — and be in a position to address risks proactively — is to talk to civil society, workers and local community representatives, and to listen to critical voices; (e) New approaches to empower communities and workers. Experience suggested that community-based human rights due diligence approaches enable communities to do their own human rights impact assessments, which helped to address power imbalances and to strengthen meaningful dialogue. This was also an important factor for the effective operation of local grievance mechanisms. Empowering women — both at the workplace and in the community — was identified as a key issue; (f) Actions needed to make progress on access to remedy. It was noted that government leadership is essential, reinforced by a stronger push and pressure from the United Nations and civil society. The need to end the criminalization of worker representatives and human rights defenders was reiterated, and seen as a key factor in making progress in realizing access to remedy for victims. With regard to the role of business, when people are adversely affected by business operations, remediation should be based on meaningful engagement with the stakeholders affected and be in line with best international practice. III. Realizing access to effective remedy A. Exploring elements of effective remedy: perspectives of affected stakeholders 13. Participants in the Forum explored elements of effective remedy from the perspective of an affected stakeholder. Victims and their representatives from different regions shared experiences from the ground. Accounts were given by a wide range of stakeholders, including community representatives, migrant workers, indigenous peoples, human rights defenders and organizations working with children. 14. Discussions included case studies from Australia (with regard to Manus Island), Bangladesh, Brazil, Chile, Colombia, the Democratic Republic of the Congo, India, the Occupied Palestinian Territory and Zimbabwe, involving companies from Australia, Bangladesh, Belgium, Brazil, Canada, China, India, the Netherlands, the Republic of Korea and Switzerland. One general message was that the third pillar had generally been overlooked and that initiatives by States, businesses and civil society to address negative effects had fallen short, and effective oversight was lacking. 15. One overall observation made by the Working Group and other stakeholders was that, for remedy to be effective and meaningful for victims, both the process and the outcome should take the perspectives of victims into account. Another resounding message was that all companies should meet their responsibility to provide for or contribute 5

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