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Guidance on business, human rights defenders & civic freedoms

Over the past ten years, there have been several significant developments related to business and human rights defenders in both soft and hard law, driven by years of civil society advocacy. In 2024, Anti-SLAPP legislation was adopted by the European Parliament, in 2023 the Voluntary Principles Initiative published guidance for member companies on respecting the rights of HRDs and in 2022 the first UN Special Rapporteur on Environmental Defenders was appointed.

In 2021, the seminal interpretation of UNGPs by the UN Working Group on Business and Human Rights clarified the normative responsibility of business actors to respect the rights of defenders and highlighted the critical role played by defenders in human rights due diligence processes and in enabling business enterprises to understand the concerns of affected stakeholders. In addition, the Escazú Agreement - the first legally binding instrument in the world to include provisions on environmental human rights defenders and the first environmental agreement adopted in Latin America and the Caribbean – entered into force.

With just five years remaining to meet the terms of the Paris Agreement and help mitigate the worst impacts of the climate crisis, it is ever more urgent for business actors to fulfill their responsibility to respect human rights and to be champions of responsible business practice. Listening to and repecting the rights of HRDs is essential, as well as using their voice in support of open civic space. Drawing upon learnings from the past decade, the following recommendations provide a path to realising sustainable, rights-respecting economies.

Our recommendations for states

  • Pass and implement legislation recognising the right to defend rights and the vital role of HRDs in promoting human rights, sustainable development, and a healthy environment, as well as committing to zero-tolerance for attacks (more detailed recommendations are available here). This must include legal recognition of the specific rights of Indigenous and Afro-descendant peoples (more detailed recommendations available here).
  • Take measures to foster a safe, respectful and enabling environment for civil society, including repealing any legislation that criminalises HRDs and their exercise of the freedoms of expression, assembly and association.
  • Implement the Paris Agreement fully and accede to or, if already ratified, fully implement key international and regional standards protecting the civic freedoms of HRDs, including ensuring public participation in discussions and decisions about climate change and the environment.
  • Pass national laws to implement the UNGPs, including mandatory human rights due diligence legislation, and consult with HRDs at all stages of this process. This legislation should mandate that business actors engage in ongoing safe and effective consultation with HRDs and other rightsholders potentially or directly affected, should be an integral part of climate mitigation and adaptation plans, and should be aligned with the UN working group’s guidance on defenders and other key standards mentioned above (more detailed recommendations available here).
  • Collect and report dataon non-lethal and lethal attacks to inform more effective protection mechanisms and pass anti-SLAPP legislation to prevent companies silencing HRDs (more detailed recommendations available here).
  • Ensure effective remedy for violations when they occur, including by strengthening judicial systems to end impunity and holding businesses accountable for acts of retaliation against HRDs, and actively participating in investigation and prosecution of those responsible for attacks.
  • Actively and constructively engage in negotiations for the adoption of a binding UN treaty on business and human rights and ensure it explicitly recognises the risks HRDs face and their right to defend human rights.

Webinar: Defending rights and realising just economies: Human rights defenders and business (2015-2024)

Francisco “Eco” Dangla III, environmental human rights defender from the Philippines, Natali Segovia, Esq. of Water Protector Legal Collective, and Mary Beth Gallagher of Domini Impact Investments LLC join the Resource Center to explore trends and the scale of attacks faced by human rights defenders (HRDs) raising concerns about business-related harms across the globe over the past decade.

Resources and guidance

Defending rights and realising just economies: Human rights defenders and business (2015-2024)

From January 2015 to December 2024, the Business & Human Rights Resource Centre (the Resource Centre) recorded more than 6,400 attacks across 147 countries against people who voiced concerns about business-related risks or harms. This is close to two attacks on average every day over the past ten years. In 2024 alone, we tracked 660 attacks.

Exploring shared prosperity: Indigenous leadership and partnerships for a just transition

To avoid climate catastrophe, renewable energy capacity must triple in the next six years. The private sector plays a critical role in this energy transition – as do Indigenous Peoples. If the opportunity of a just transition is to be realised, private sector and state commitment to Indigenous Peoples’ rights and transformative business models designed to deliver shared prosperity for and with Indigenous Peoples is non-negotiable. These need to be in alignment with Indigenous Peoples’ self-determined priorities.

Responsible Mining Index 2022 report calls on mining companies to show commitment to human rights defenders protection

The vast majority of the 250 assessed mine sites across 53 countries cannot demonstrate that they are informing and engaging with host communities and workers on basic risk factors such as environmental impacts, safety issues or grievances. Some 94% of the mine sites score an average of less than 20% on the fifteen basic ESG issues assess.

UN Working Group Guidance on Human rights defenders and civic space – the business and human rights dimension

The importance of HRDs in the context of business-related impacts on human rights is recognized by the UN Guiding Principles on Business and Human Rights. UN Working Group on Business and Human Rights decided to give focused attention to the issue of attacks on HRDs and civic space from 2017 onwards.

UN Special Rapporteur on the situation of human rights defenders' report on HRDs in the field of business and human rights

Throughout his mandate, former Special Rapporteur Michel Forst, focused on the situation of HRDs in the field of business and human rights, via reports and engagement with companies and governments. The current Special Rapporteur Mary Lawlor continues to prioritize several of the issues closely related to business.

Guidance: Shared space under pressure - Business support for civic freedoms and human rights defenders

The seminal report, based on 90 interviews with business leaders, UN and civil society experts and HRDs, and with 12 ‘spotlights, explains the normative framework, the business case & the moral choice for businesses to act when shared civil society space is under pressure, threat or attack.

Simplified decision-making tools for business

A simplified version of the tools in the 'Shared space under pressure - Business support for civic freedoms and human rights defenders' guidance, authored by Bennett Freeman and commissioned by BHRRC & ISHR.

Lectures: Human rights defenders & Business (Parts 1 & 2)

This two-part lecture at Ryerson CSR Institute in Canada explores in depth the intersection between rights of defenders and business enterprises.