A/HRC/38/49
71.
The main session on human rights defenders was opened with one minute of silence
to honour all defenders killed in the course of their work. Participants received an update on
the work of the Business and Human Rights Resource Centre in tracking cases involving
attacks on human rights defenders working on business and human rights issues, which
showed that more than 800 attacks had been registered since 2015. Land-intensive
industries, such as mining, agriculture and renewables, had witnessed the largest numbers
of incidents. Businesses were implicated in different ways, such as in cases of legal
harassment involving strategic lawsuits against public participation, or failure to address
attacks carried out by government actors and security forces. In other examples, businesses
could use their lobbying power to encourage a Government to introduce restrictions on
advocacy, or to retaliate against people who raise concerns. Protection and accountability
gaps were especially acute in countries where rule of law was weak, but also existed in
jurisdictions where courts could be effective. Participants noted that retaliation against
defenders had a chilling effect, and restricted the ability of defenders to raise early warnings
about business-related impacts. Defenders ended up having to spend their time and limited
resources defending themselves and their institutions. Participants pointed out that
criminalization of defenders in itself should be a crime, and that prevention of attacks was
critical.
72.
On a positive note, a growing number of companies and business leaders recognized
that protecting, respecting and supporting human rights defenders and civic freedoms in a
business context were both a responsibility and ultimately good for society and business
itself. Examples of positive actions by companies presented at the Forum included:
• Apparel companies defending union rights
• Companies standing up for lesbian, gay, bi, trans and intersex (LGBTI) persons,
including companies joining the recent OHCHR standards of conduct for business in
tackling discrimination against LGBTI persons12
• Companies addressing xenophobia and anti-migrant narratives
73.
Participants in the Forum also heard about efforts of some Governments to more
actively prevent and to address risks to human rights defenders in third countries where
“their” transnational corporations operate, as in the case of the “Voices at risk” policy in
Canada.
74.
Key recommendations included the need to ensure that protection of and respect for
rights human rights defenders were integrated in national action plans and human rights due
diligence processes. Going forward, it was crucial to strengthen the role of human rights
defenders in the pursuit of sustainable development and as “justice enablers” in bringing
about access to remedy for victims of corporate-related human rights abuse.
D.
Corporate respect for human rights and the Sustainable Development
Goals
75.
One objective of the Forum was to contribute to a greater understanding of the
connection between business and human rights and sustainable development. A major
backdrop was provided by the embedding of human rights in the Sustainable Development
Goals, and the significant role that the private sector envisaged to play in realizing them.
While the role of the private sector is crucial, there is a risk of a return to traditional and
partial philanthropic approaches by businesses that fail to take into consideration the social
and environmental impact of a company’s core operations and value chain. Forum speakers
stressed that the greatest contribution that most companies could make to socially
sustainable development (its “people part”) was to embed respect for human rights in all
their activities and value chains. The key references included the recommendations
addressed by the Working Group to States and businesses on integrating the Guiding
12
18
See www.unfe.org/standards.
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