The UK should strengthen regulations and incentives to ensure that corporations consult, respect and protect human rights defenders, many of whom are targeted for their work to expose and seek accountability for business-related human rights violations, ISHR said today.
(Geneva) – The United Kingdom should strengthen regulations and incentives to ensure that corporations consult, respect and protect human rights defenders, many of whom are targeted for their work to expose and seek accountability for business-related human rights violations, ISHR said today.
In a submission to the UK Government, which is currently reviewing its National Action Plan on Business and Human Rights, ISHR said that human rights defenders have a vital role to play in advising and assisting businesses to comply with their human rights obligations and in securing access to justice for victims of violations, and that both corporations and States have legal duties in this regard.
‘Supporting and protecting human rights defenders is everyone’s business,’ said Michael Ineichen, head of ISHR’s Human Rights Defender and Corporate Accountability Programme.
‘The UK has a responsibility to legislate to ensure that UK businesses and their subsidiaries respect and not interfere with the legitimate work of human rights defenders. The UK Government and its embassies should also speak out against laws, policies and practices in third States in which UK companies operate that restrict or criminalise the work of defenders, making clear that development and economic imperatives are never justification for human rights violations,’ Mr Ineichen said.
‘For their part, businesses and investors should consult fully and properly with human rights defenders as part of their due diligence and human rights impact assessment obligations. Consulting with human rights defenders can assist business to obtain a social license for projects and to identify, avoid and mitigate human rights risk. A constructive relationship with human rights defenders makes good business sense.’
‘Businesses should also recognise, however, that human rights defenders have a right to speak out and protest against business operations and projects and must respect and not interfere with their exercise of the rights to freedom of expression and assembly in this regard. UK businesses should also speak out against legislative and other attacks and restrictions against human rights defenders in the States in which they operate, recognising that a safe and enabling environment for human rights defenders is also a safe and enabling environment for responsible business,’ Mr Ineichen said.
‘Corporations can be powerful and influential actors for social change and for upholding human rights and the rule of law,’ Mr Ineichen said, noting that the time may have come for progressive businesses to come together to develop business principles or guidelines on protecting civil society space, especially given the proliferation of laws and practices in States from Russia, to China, to India which are impeding the independence and operations of non-governmental organisations.
‘Just as progressive business has become more active in speaking out for LGBT rights and against discrimination, so too should they be speaking out for civil society and human rights defenders,’ Mr Ineichen said, echoing a recent call from the Business and Human Rights Resource Centre.
When the UK adopted its initial National Action Plan in September 2013, it became the first State to adopt a plan with specific commitments in relation to the protection of human rights defenders working in the field of business and human rights. As the National Action Plan is reviewed and revised in 2015, the UK has the opportunity to build on that leadership by detailing further concrete measures and commitments that it will take as a State, and that it will require or incentivise UK businesses and their subsidiaries to take, to support and protect human rights defenders.
ISHR’s submission to the UK Government, entitled ‘Protecting human rights defenders: Everyone’s business’, is available here.
At the intersessional consultations for the legally binding instrument on transnational corporations and human rights, discussions focused on victims’ rights, protection measures, and access to remedy. ISHR called on States to center defender protections in the treaty, urging strong safeguards against reprisals and recognition of the right to defend rights.
From 7-10 April, the Latin American and Caribbean Forum on Environmental Human Rights Defenders brought together environmental defenders, Indigenous Peoples, civil society, and government representatives in Basseterre, Saint Kitts and Nevis.
In a joint statement, UJSARIO and ISHR stressed the failure of the international community to uphold its commitments to decolonisation and human rights as the occupation of Western Sahara and systematic oppression of the Saharawi people by Morocco continue. They urged the Council to take action.
