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Opinion

4 Dec 2014

Author:
Eniko Horvath, Business & Human Rights Resource Centre

UN Forum Day 3: Focus on victims & defenders is fundamental for all stakeholders’ work on business & human rights

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Coverage of UN Forum: Day 1, Day 2, Day 3

At the last day of the UN Forum on Business and Human Rights, the voices of human rights defenders resonated as sharp reminders of the people whose rights are at stake.

There is no substitute for hearing from victims directly. A panel on land rights and environmental defenders showcased the inspiring work of human rights defenders from Colombia, Philippines and Southeast Asia as well as advocates who work on their behalf internationally.  They gave concrete recommendations in response to request for advice from an EU representative, emphasising the need for more coherence across the EU on human rights defenders.  Debbie Stothard of Altsean-Burma noted the contradiction between a strong EU policy on the protection of human rights defenders and its free trade agreements with countries were abuses take place that do not take into consideration defenders’ situation.

“We have to be reminded that at the very heart of these discussions is human dignity and human stories”, said Margaret Jungk of the UN Working Group of business & human rights.  A set of powerful testimonies of indigenous women and their families brought these stories to live today.  Maxima, an illiterate peasant farmer in rural Peru sent an emotional video message describing the intimidation, beating and threats she has faced because of resisting forced eviction to make way for a mining project.  Maxima currently faces charges of illegal occupation of her land in an on-going trial.  She closed her testimony with a clear message of resilience: “I will not give up. I am demanding my rights that belong to me.”

There is a clear need for more genuine dialogue and transparency between companies and affected stakeholders. However, stakeholder engagement is not a clear-cut process.  Human rights defenders recalled the importance of free, prior and informed consent, but lamented that it is not yet widely adopted by companies. Danilo Chammas from Justiça nos Trilhos in Brazil called for companies to consult with communities in an equitable manner and to be willing to make changes to their plans following consultations.  Representatives from Anglo American, Michelin and Orange agreed that from a business perspective, consultations are challenging because (1) communities are not always monolithic entities and can have internal divisions, (2) there are conflicting agendas from government & other actors (3) consultations are lengthy and imply significant costs and delays in operations.

States’ duty to protect was a key component of discussions around human rights defenders.  Alejandra Ancheita of Mexican NGO ProDesc reminded Forum participants that the criminalisation or business and human rights defenders remains a major issue in countries including Mexico, Guatemala, Honduras among others. States must not only establish a strong legal and judicial framework to protect human rights defenders, but must also put in place adequate mechanisms to implement it, said Sheila Keetharuth from the African Commission on Human and Peoples’ Rights.

Calls for stronger state actions came from both business and civil society.  Businesses spoke out for clear legislation and standards and even called for support from civil society in cases where they could be strong-armed into unwanted actions. Following a description of Orange’s communication network being cut off and only used for pro-Mubarak text messages during Egyptian revolution in 2011, the company’s representative was clear: “We need NGOs to help us push back on government demands to cut off telecommunication services”. On a broader level, the International Organisation of Employers stated that as the business community, it supports National Action Plans and believes that Ecuador should ensure an open and consultative process which brings business to the table.  

States’ role was highlighted in the closing session as well, when Mo Ibrahim, Chair of this year’s Forum, called for “holding governments’ hand to the fire”, holding them accountable for abuses.  His probing question to the Ecuadorian government of its actions at the national level reflected his point.

At the closing panel, Audrey Gaughran from Amnesty International raised a number of key questions that remain to be confronted, including: (1) the relationship between home states, host states and companies, including corporate lobbying, (2) the relative power of companies, (3) the direction of the treaty process. On the latter, an open and inclusive process that encompasses all companies, not only multi-nationals, is crucial.  A number of voices throughout the Forum have emphasised that the treaty process must not limit implementation of the UN Guiding Principles.

“Everyone at the Forum is part of a movement.  We must and we can succeed for the sake of individuals everywhere,” said John Ruggie in his closing speech.   This focus on victims is fundamental and must remain present throughout the work of all stakeholders on business and human rights. Echoing Peruvian human rights defender Maxima, we will not and cannot give up.