Human Rights Defenders and the EU’s mandatory due diligence initiative

February 21, 2022

Since Mary Lawlor took up her mandate of Special Rapporteur on the situation of Human Rights Defenders, she has been paying close attention to the EU’s legislative initiative on sustainable corporate governance, and in particular to the proposed creation of binding obligations for companies to carry out due diligence to identify and address human rights and environmental risks linked to their activities. See also: https://humanrightsdefenders.blog/2021/09/07/un-experts-urge-eu-to-take-the-lead-on-protecting-human-rights-defenders-in-context-of-business/

The reason is that defenders who draw attention to the human rights and environmental risks associated with business projects, including of EU companies, and who seek accountability where violations and harms actually occur, are often at high risk of retaliation for their actions, in particular where they themselves are from the communities directly affected.

With this in mind, in September 2021, she issued the public statement referred to above calling on the EU Commission to seize the moment and craft a powerful, progressive proposal which would include safeguards for Human Rights Defenders highlighting corporate harms. She followed this up in November with a series of meetings with key EU Commissioners and their teams in Brussels, during which she outlined what she believes to be the key provisions to include in their proposal on due diligence for it to empower human rights defenders. This position has now become public through the paper below:

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