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.