Call for Written Inputs: Human Rights Defenders and Civic Space – The Business & Human Rights Dimension

(Pix © Larry Catá Backer 2016)

Issues around the safety and scope of operation of individuals identified as human rights defenders has become an increasingly important area of concern.  "The term “human rights defender” has been used increasingly since the adoption of the Declaration on human rights defenders in 1998. Until then, terms such as human rights “activist”, “professional”, “worker” or “monitor” had been most common. The term “human rights defender” is seen as a more relevant and useful term." (Who is a Defender?). The United Nations human rights institutions have been devoting substantial efforts to developing a structure for the protection of human rights defenders compatible with the basic assumptions of the operation and division of power that constitutes the state system.  A mandate on the situation of human rights defenders was established in 2000 by the Commission on Human Rights (as a Special Procedure) to support implementation of the 1998 Declaration on human rights defenders (see here; Fact Sheet 29 - Human Rights Defenders: Protecting the Right to Defend Human Rights (Arabic | Chinese | English | French | Russian | Spanish)).

The protection of human rights defenders implicates a host of complex issues--from the sovereign authority of states to order their own internal political and social order, to the constraints that all states and other actors must exercise in the face of emerging fundamental norms of human rights--including the human rights to protect human rights against institutional actors. Threats to the safety and unnecessary constraints on the scope of action of human rights defenders appears to suggest substantial failures of domestic legal orders and of the international order committed to the defense of the dignity of individuals within the context of national cultures. The importance of the issue at the highest levels of the human rights community might be evidenced by the U.N. High Commissioner for Human Rights recent report on the continued threat to human rights defenders in a number of states (High Commissioner for Human Rights on the activities of his Office and recent human rights developments; Item 2: Annual Report and Oral Update to the 34th session of the Human Rights Council (8 March 2017)).

The UN Working Group on Business and Human Rights has also begun to consider the human rights implications of threats to human rights defenders within its own mandate. It's initial consultation can be accessed here: summary of expert workshop held in Geneva on 11 May 2017 ("The role of business has been called into question with respect to its role in contributing to attacks against HRDs, but also its role in helping to protect defenders and support human rights. While it is one of the most urgent issues for the business and human rights agenda, due to the increasing scale and seriousness, there are also emerging efforts by a range of actors seeking to address the problem.").

Against this background, the Working Group has decided to give focused attention to the issue human rights defenders and civic space. . .  The Working Group is undertaking this project in consultation with the Special Rapporteur on human rights defenders, who is dedicating his thematic report to the United Nations General Assembly (being presented in October 2017) to the situation of human rights defenders working in the field of business and human rights (here).

The Call for Written Inputs follows. PLEASE NOTE the short deadline. Inputs are due 1 September 2017.

Human rights defenders and civic space – the business and human rights dimension
Threats to human rights defenders and to civic freedoms are increasing concerns globally and are also critical for the business and human rights agenda. A large number of human rights defenders are under threat and attack because they raise concern about adverse human rights impacts of business operations, often in the context of large development projects that affects access to land and livelihoods. At the same time, the space for civil society actors to raise concerns about human rights impacts is shrinking, and human rights defenders face criminalization when engaging in public protest or civil dissent.

Concerns are being raised about the role of business in contributing to attacks against human rights defenders or in failing to take action against such attacks. Questions are also being raised about the role of business in helping to protect human rights defenders and civic space.

Against this background, the Working Group has decided to give focused attention to the issue human rights defenders and civic space and identified activities it proposes to undertake to complement and support efforts by others, including to:

(i) Develop guidance for business on engaging, respecting and supporting human rights defenders and preserving civic space in line with the UN Guiding Principles on Business and Human Rights;
(ii) Facilitate multi-stakeholder dialogue among stakeholders, so as to develop coordinated efforts; and
(iii) Help identify and support opportunities for collective action.

The Working Group is undertaking this project in consultation with the Special Rapporteur on human rights defenders, who is dedicating his thematic report to the United Nations General Assembly (being presented in October 2017) to the situation of human rights defenders working in the field of business and human rights.

More information: see the Working Group's background note on its project, “Human rights defenders and civic space – the business and human rights dimension”

Call for written inputs: the Working Group is seeking input and relevant information from stakeholders by 1 September 2017. Please submit information to wg-business@ohchr.org indicating in the subject line “HRD CONSULTATION [+ name of contributor/entity/organization”.

Initial consultation: summary of expert workshop held in Geneva on 11 May 2017

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UN Working Group on Business and Human Rights@WGBizHRs

Human rights defenders and civic space – the business & human rights dimension 

Call for written inputs to inform efforts of developing guidance by the UN Working Group on Business and Human Rights on the role of the private sector in relation to human rights defenders and preserving civic space as well as identifying opportunities for coordination and collective action

Call for written submissions

Background

The safety and security of human rights defenders (HRDs) and increased threats to civic freedoms has become increasing public concern globally. It is also one of the most urgent issues for the business and human rights agenda, as defenders find themselves at great personal risk, including the risk of death and grave bodily harm. Civil society also finds itself with fewer avenues to express concerns regarding human rights issues, and also fears criminal prosecution when engaged in public protest or civil dissent. At the same time, the role of business is being called into question with respect to its role in potentially contributing to attacks against HRDs or in failing to take action when linked to abuses, but also its role in helping to protect defenders and support protection of civic space. In response to these challenges, there are emerging efforts by a range of actors seeking to address the problem.

Against this background, the UN Working Group on Business and Human Rights has decided to focus on this critical issue in its own work and has identified activities it proposes to undertake to complement and support efforts by others, including to (i) develop guidance for business on engaging, respecting and supporting human rights defenders in line with the UN Guiding Principles on Business and Human Rights (UNGPs) as well as the role of business in preserving civic space; (ii) facilitate multi-stakeholder dialogue among stakeholders with an interest in the issue, so as to develop coordinated efforts; and (iii) help identify and support new opportunities for collective action. The Working Group is undertaking this project in consultation with the UN Special Rapporteur on human rights defenders.

For more information: See the Working Group’s background note for its project.


Consultation process

To begin its consultation process, the Working Group organized a workshop in Geneva, Switzerland, on 11 May 2017 during its 17th session. It aims to consult further with a wider range of stakeholders, including human rights defenders themselves. Inputs will be sought through the Working Group’s country visits and participation in meetings in different world regions. It is seeking to complement in-person consultations with written inputs and submissions from all relevant stakeholders. The Working Group plans to issue a draft guidance document toward the end of 2017 for stakeholder feedback, and to finalize the guidance document for publication in 2018. 

Call for written submissions

The Working Group would like to encourage all stakeholders to submit relevant research, documentation and materials to inform the Working Group’s efforts as set out in i-iii above. In particular, the Working Group would like suggestions as to what types of recommendations might be useful for the business community with respect to how it can respect human rights through its engagement with human rights defenders, and in addressing challenges to the rule of law that are linked to their business operations. The Working Group hopes to come up with practical recommendations that elaborate on implications of the UN Guiding Principles on Business and Human Rights.

More targeted calls and questionnaires may be issued at later stages. Initial deadline: 1 September 2017.

For questions, contact the Working Group’s Secretariat at wg-business@ohchr.org indicating in the
subject line “HRD CONSULTATION [+ name of contributor/entity/organization]¨.