Report of the Working Group on the issue of human rights and transnational corporations and other business enterprises

Summary

In the present report, submitted to the Human Rights Council pursuant to its resolutions 17/4, 26/22, 35/7 and 44/15, the Working Group on the issue of human rights and transnational corporations and other business enterprises highlights the need for addressing the adverse impact of business activities on human rights defenders. It unpacks for States and business the normative and practical implications of the Guiding Principles on Business and Human Rights in relation to protecting and respecting the vital work of human rights defenders.

Background

Threats to human rights defenders and to civic freedoms are increasing concerns globally. 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.

States have the primary obligation to ensure the rights and protection of human rights defenders, as set out in various human rights instruments—in particular the UN Declaration on Human Rights Defenders—and as reaffirmed in many UN Human Rights Council and General Assembly resolutions.

The importance of human rights defenders in the context of business-related impacts on human rights is recognized by the UN Guiding Principles on Business and Human Rights. They highlight the key role human rights defenders can have in human rights due diligence and enabling companies to understand concerns of affected stakeholders. In particular, the Guiding Principles:

• Urge businesses to consult human rights defenders as an important expert resource as part of their human rights due diligence, as defenders have a key role as watchdogs, advocates and voice for affected stakeholders.
• Urge States to ensure that the legitimate activities of human rights defenders are not obstructed.