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
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