There are many ways companies can be involved with attacks on defenders, including:

• Calling police or state security forces to disperse a peaceful protest at one of their operation sites;
• Threatening, firing or calling for the arrest of union leaders;
• Cooperating with state repression, such as by providing services or products that enable surveillance of journalists and other defenders; and
• Initiating lawsuits against defenders for defamation, damages or incitement to commit a felony; and
• Lobbying for policies that restrict civic freedoms, such as “anti-protest” laws and actions that lead to criminalisation of defenders.

Less obvious tactics to silence defenders and undermine their rights include providing incentives for some community members to create divisions, obstructing unionisation, disseminating distorted information about projects, lobbying against regulation intended to protect human rights and the environment, and exploiting governance gaps for corporate benefit, among others.

According to the UN Guiding Principles on Business and Human Rights and subsequent guidance, if business actors are causing or contributing human rights abuse affecting defenders, their responsibility is clear-cut: end the abuse and address and remedy any harm. Even in cases where there are no apparent direct links between companies or investors and attacks, business actors with operations, supply chains, business relationships and/or investments are expected to proactively use their leverage to promote respect for the rights of defenders and civic freedoms. In addition, restrictions on civic freedoms signal riskier contexts for investment and economic activity and create an “information black box” for companies and investors, making it more difficult to engage in robust human rights due diligence.

Other non-state actors involved with attacks on defenders include illegal miners, loggers and organised criminal groups. Illegal mining and logging - extraction of these natural resources undertaken without appropriate land rights, exploration licenses or transportation and other permits - are often associated with significant human rights abuses, environmental harm and corruption. Lack of transparency in precious metal supply chains, weak regulation in both producing and consumer countries, the potential for significant profit, and high levels of impunity fuel exploitation in this sector.

People who raise concerns about illegal mining and logging are protecting their land, clean water, and biodiversity; combating pollution and deforestation; and helping to address the climate crisis. They often face threats and violence from those involved with this illegal exploitation of resources. While companies are not direct perpetrators of these attacks, these illegally extracted resources often end up in their supply chains, showing a need for stronger human rights due diligence among sourcing companies.

State actors

Among the cases we tracked where information was publicly available about alleged perpetrators of attacks, the police were named most frequently, followed by the judicial system. The data we uncovered shows how governments are failing in their duty to protect rights and, further, are actively using agents and arms of the State – police, armed forces and the judicial system – to try to silence and stop human rights and environmental protection work. According to the UN Working Group on Business and Human Rights, governments have a duty to investigate, punish and redress all forms of threats and attacks against human rights defenders in a business context, yet many have a vested interest in these attacks happening under the radar given their involvement. In addition, very few States are collecting official data on lethal and non-lethal attacks.

Advances in legislation and voluntary commitments

Over the past two 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 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.

Milestones in 2022 and 2023 include:

• Adoption of General Recommendation 39 on Indigenous Women and Girls by the Committee on the Elimination of Discrimination Against Women - the first language in a binding international treaty focused on the rights of Indigenous Women and Girls. The recommendation also acknowledges that Indigenous women and girls are at the forefront of demand and action for a clean, safe, healthy and sustainable environment.
• Inclusion of strengthened stakeholder consultation requirements and the language of human rights defenders in the European Union corporate sustainability due diligence legislation text approved by the European Parliament’s Committee on Legal Affairs (JURI) on 25 April 2023, making it more likely that the final text of this historic corporate accountability legislation could include requirements related to defenders. At the same time, the language in the JURI committee’s position is in some ways weaker than the text proposed by lead MEP Lara Wolters in her earlier draft report. The EU Council’s General Approach adopted by Member States on 1 December 2022 also includes language on defenders and explicitly mentions them as stakeholders whose rights or interests could be affected by corporate activity.
• Appointment of former UN Special Rapporteur on Human Rights Defender Michel Forst as the first-ever Special Rapporteur on Environmental Defenders under the Aarhus Convention, which protects the right to live in a healthy environment in the European Union. This is the first such mechanism specifically safeguarding environmental defenders to be established within a legally binding framework either under a UN system or other intergovernmental structure.
• Consultations on the revision of the OECD Guidelines on Multinational Enterprises, in which civil society groups have urged strengthening the text on reprisals and explicitly including “human rights defenders”.
• Several corporate and government commitments to the protection of civic space and human rights defenders as part of the US Summit for Democracy.

These and other developments signal momentum towards recognition of the need to prevent and address attacks against defenders raising concerns about business-related harms, including among companies themselves. For example, Hewlett Packard Enterprises enacted a policy commitment to respect the rights of marginalised groups (including defenders) in January 2022, and TotalEnergies published information about the actions it has taken with respect to human rights defenders and freedom of expression in Uganda (see also TotalEnergies EP Uganda’s human rights policy). In addition, the Voluntary Principles Initiative, a multi-stakeholder initiative that guides oil, gas and mining companies on how to conduct their security operations in a manner that respects human rights, will release guidance on defenders in 2023.

The scale and severity of attacks on people across the globe protecting our rights and environment clearly show the need for urgent action. We call on States to fulfil their duty to protect the rights of defenders and for business actors to respect the rights of defenders by acting on these recommendations.

Recommendations for states

• Pass and implement legislation recognising the right to defend rights and the vital role of defenders, both individual and collective, in promoting human rights, sustainable development, and a healthy environment and committing to zero-tolerance for attacks (more detailed recommendations available here). This must include legal recognition of the specific rights of Indigenous and Afro-descendant peoples (more detailed recommendations  available here).
• Accede to or, if already ratified, fully implement key international and regional standards that protect the civic freedoms of defenders, including those raising concerns about harmful business practice.
• Pass national laws to implement the UNGPs, including mandatory human rights due diligence legislation, and consult with defenders at all stages of this process. This legislation should mandate that business actors engage in ongoing safe and effective consultation with defenders 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 data on non-lethal and lethal attacks to inform more effective protection mechanisms and passing anti-SLAPP legislation to prevent companies silencing defenders (more detailed recommendations available here).
• Ensure effective remedy for violations when they occur, including by strengthening judicial systems to hold businesses accountable for acts of retaliation against defenders and actively participating in investigation and prosecution of those responsible for attacks.
• Move towards supporting the adoption of a binding United Nations treaty on business and human rights and ensure that it explicitly recognises the risks defenders face and their right to defend human rights.

Recommendations for companies

• Adopt and implement policy commitments which recognise the valuable role of defenders, reference specific risks to defenders, ensure effective engagement and consultation with defenders at all stages of the due diligence process and commit to zero-tolerance for reprisals throughout the company’s operations, supply chains and business relationships.
• Create public commitments to respect fundamental rights with particular attention to rights often abused in connection with attacks on defenders, such as violations of land and Indigenous peoples’ rights.
• Engage in and report on the results of human rights and environmental due diligence that integrates a gender perspective throughout and ensure effective access to remedy for those harmed by business activity, in accordance with the UNGPs, the UN Working Group’s guidance on ensuring respect for defenders, and the UN Working Group’s gender guidance.
• Recognise that Indigenous defenders are disproportionately at risk, respect Indigenous peoples’ rights, grounded in their rights to self-determination; lands, territories, and resources; and right to free, prior, and informed consent, including their right to define the process by which FPIC is achieved and to withhold consent (more detailed recommendations available here).
• Publicly recognise that defenders have a right to defend human rights, are essential allies in assisting businesses to adhere to their responsibilities under the UNGPs.

Recommendations for investors

• Publish a public human rights policy which recognises the valuable role of defenders in identifying risks associated with business activities and commits to a zero-tolerance approach to attacks against defenders. Clearly communicate the human rights expectations included in this policy to portfolio companies, including that companies:
  ‣ disclose human rights and environment-related risks;
  ‣ engage in ongoing consultation with communities, workers and defenders;
  ‣ have policies and processes to respect Indigenous peoples’ rights (including land rights and free, prior and informed consent);
  ‣ respect the rights of defenders; and
  ‣ ensure effective access to remedy when harm occurs.
• Undertake rigorous human rights and environmental due diligence that integrates a gender perspective throughout and review potential investees for any past involvement with retaliation. Avoid investing in companies with this track record.
• Use leverage with investee companies which cause, contribute to, or are directly linked to human rights and environmental harms, including attacks on defenders, so that the company mitigates negative impacts and provides access to remedy to those affected.