1st session of the UN Forum on Business and Human Rights: Joint written intervention

Forum on Business and Human Rights

1st session

Joint written intervention by the World Organisation Against Torture(OMCT) and the International Federation for Human Rights (FIDH), in theframework of their joint programme, the Observatory for the Protection of HumanRights Defenders

December4-5, 2012

TheWorld Organisation Against Torture (OMCT) and the International Federation forHuman Rights (FIDH), in the framework of the Observatory for the Protection ofHuman Rights Defenders, welcome the opportunity to address the first annual UNForum on Business and Human Rights.

Asrightly pointed out by the UN Special Rapporteur on Human Rights Defenders, Ms.Margaret Sekaggya, in a OHCHR pressrelease issued in April 2012 following the presentation of her last report tothe Human Rights Council, environmental and land rights defenders face a largerange of acts of criminalization and abuses when pointing out adverse impactsof investment projects. Those include threats, violence, judicial harassment,and even killings, as a consequence of their peaceful activities to defend theright to live in a healthy environment, to protect natural resources and thelivelihood of their communities.

TheformerSpecial Representative of the UN Secretary-General on Business and HumanRights, Professor John Ruggie, also recommendedthat 1) the legitimate and peaceful activities of human rights defenders shouldnot be obstructed, and2) that business enterprises, in their due diligenceefforts, should consult with “credible, independent resources including humanrights defenders”.

Humanrightsdefenders, including those addressing environmental concerns, whose effortsoften intersect with both State and corporate activities, are at even greaterrisk of business-related human rights abuses, as they often find themselves notonly vulnerable to abuses by State interests but also the interests of powerfuleconomic actors. Therefore, not only do States, including home governments ofcorporations and host countries, have the responsibility to effectively protectsuch defenders and fight against impunity for attacks and violations againstthem, including by non-State actors, but enterprises also have theresponsibility to avoid any adverse impact of their activities

onhuman rights defenders.

Accordingly,the Observatory would like to make the following recommendations to this panel, audience and subsequentreaders of this comment:

1)To States:

- toguarantee in all circumstances the physical and psychological integrity of allhuman rights defenders, including those addressing land and environmentalconcerns;

- togive full recognition to the legitimate role and important work they carry outas well as to ensure that they are able to work effectively and without threatof attack by State or non-State actors, including when they protest

againstadverse impact of investment projects on human rights;

- tocombat impunity for attacks and violations against land and environmental humanrights defenders, committed both by State and non-State actors.

2)To companies and multinational enterprises (MNEs):

- torespect the rights to freedoms of expression and assembly of those who speak outor demonstrate against a company's activities; and refrain from retaliating (includingthrough litigation) against human rights defenders, including indigenous andcommunity leaders;

- toguarantee that human rights defenders, including indigenous and communityleaders, are adequately consulted and involved in decision-making processrelated to the establishment of economic projects;

- topublicly support the legitimate activities of human rights defenders and speakout to the relevant public authorities against restrictions on theiractivities.

3)To the UN Working Group on Business and Human Rights:

- topressure States to fulfil their obligations to protect human rights defenders,including those addressing land and environmental concerns, through tangiblemeasures and monitor the implementation of such measures;

- totake into account and to build on recommendations relating to thecriminalisation of activities of environmental and land human rights defendersmade by other UN procedures;

- topay special attention to the actions of companies which contribute to thecriminalisation of the actions of human rights defenders.