The International Service for Human Rights [ISHR] and the Business & Human Rights Resource Centre [BHRRC] organize a well-stocked panel on “Business and the protection of human rights defenders” on 14 July 2015 (12h30-14h30) in London: DLA Piper, 3 Noble Street, London. RSVP by Friday 10 July. The discussion.. Read the rest of this entry »
Posts Tagged ‘Business and human rights’
Human rights defenders and their organizations are at the heart of the protection of natural resources
June 19, 2015The link between human rights defenders and the exploitation of natural resources was the focus of this year’s report (18 June 20150 by the United Nations Special Rapporteur on the rights to freedom of peaceful assembly and of association, Maina Kiai. He called for a new treaty binding businesses to respect fundamental human rights, and for States and corporations to fully engage with civil society organizations in the context of natural resource exploitation.
“Corporations play an outsized role in the decision-making processes about exploitation of natural resources. But they are not subject to legally binding human rights obligations,” Mr. Kiai told the UN Human Rights Council during the presentation of his latest report. “It is time to address this issue more robustly; corporations must not escape responsibility to safeguard human rights.”
“I am aware that some would rather strengthen compliance with the Guiding Principles than have a binding treaty. But this should not be an either/or matter: Both should be pursued to protect human rights.”
The Special Rapporteur also highlighted States’ responsibility to recognize civil society organizations, including affected communities, as key actors in the context of natural resource exploitation. “Authorities endeavour to silence individuals and associations that express opposition to natural resource exploitation processes,” the independent expert said.
In his report, the Special Rapporteur argues that States’ and corporations pervasive disregard of communities and associations’ input in the natural resources sector is counterproductive and divisive, and is likely contributing to an erosion of confidence in the world’s prevailing economic system.
“The rights to freedom of peaceful assembly and of association are instrumental in achieving sustainable and mutually beneficial exploitation of natural resources,” he said. “These rights help foster increased transparency and accountability in the exploitation of resources and inclusive engagement throughout the decision-making chain.”
During his presentation, Mr. Kiai also warned that authorities have increasingly sought to stifle expressions of criticism and opposition by cracking down, often with unnecessary force, on peaceful protests; arresting, harassing, prosecuting and imprisoning human rights defenders; enacting restrictive legislation on associations; and interfering with the operations of civil society organizations.
“Peaceful protests are banned from sites where natural resource exploitation takes place and the situation is not any better in relation to the right to freedom of association,” he noted. “Individuals and associations who express opposition to natural resource exploitation processes are vilified as ‘anti-development’, ‘unpatriotic’, and even as ‘enemies of the State’”.
“This intolerance is reflected in countries in the global North, and the global South,” the Special Rapporteur said. “Nevertheless, I remain optimistic because of the incredible courage and determination of activists and ordinary people who refuse to be cowed or defeated, even if it means paying with their lives.”
The Special Rapporteur’s full report (A/HRC/29/25/Add.3) is at: http://ap.ohchr.org/documents/dpage_e.aspx?m=189
For the UN Guiding Principles on Business and Human Rights: http://www.ohchr.org/EN/Issues/Business/Pages/Tools.aspx
Natural resources sector: UN expert calls for binding human rights treaty for corporations.
Preview of Human Rights Defenders stuff at the upcoming Human Rights Council starting 15 June
June 12, 2015The UN Human Rights Council will hold its 29th regular session at the United Nations in Geneva from 15 June to 3 July. Courtesy of the International Service for Human Rights, here is my selection of what is directly relevant to Human Rights Defenders: 
– During the session, Norway, along with other States, will deliver a statement calling on all States to ensure that human rights defenders are able to carry out their vital work free from arbitrary detention and other restrictions. Read the rest of this entry »
BREAKING NEWS: FINAL NOMINEES MARTIN ENNALS AWARD 2015 JUST ANNOUNCED
April 22, 2015
Being the award of the global human rights community (for Jury see below) today’s announcement (22 April 2015) deserves special attention:
The Final Nominees of Martin Ennals Award for Human Rights Defenders 2015 are:
Robert Sann Aung (Myanmar)
Since his first year of University in 1974, Robert Sann Aung has courageously fought against human rights abuses. He has been repeatedly imprisoned in harsh conditions, physically attacked as well as regularly threatened. His education was interrupted numerous times and he was disbarred from 1993 – 2012. In 2012 he managed to regain his license to practice law. Since then he has represented jailed child soldiers, those protesting at a contested copper mine, peaceful political protesters, those whose land has been confiscated by the military, as well as student activists. Throughout his career he has provided legal services, or just advice, often pro bono, to those whose rights have been affected.
Upon receiving the news of his selection, he stated, “I feel humble and extremely honored to be nominated for this prestigious award. This nomination conveys the message to activists, human rights defenders and promoters who fight for equality, justice and democracy in Myanmar that their efforts are not forgotten by the world. And this is also the nomination for the people in Myanmar who stand together with me, who struggle with me, for the betterment of citizens so that they can live in dignity, under the just law, in conformity with the principles of UN human rights declaration.”
Asmaou Diallo (Guinea)
Her human rights work started following the events of 28 September 2009 when the Guinean military attacked peaceful demonstrators. Over 150 were killed, including her son, and over 100 women raped. Hundreds more were injured. She and l’Association des Parents et Amis des Victimes du 28 septembre 2009 (APIVA), which she founded, work to obtain justice for these crimes and to provide medical and vocational support to victims of sexual assault, many of whom cannot return to their homes. She has worked to encourage witnesses to come forward and supported them as they provided information and testimony to court proceedings. As a result, eleven people have been charged, including senior army officers.
Upon receiving the news of her selection, she stated, “As a human rights defender in Guinea, I am very comforted to be among the nominees for the Martin Ennals Foundation, this prize encourages me to continue my fight for the protection and promotion of human rights in Guinea. I trust that this award will have a positive effect on the legal cases concerning the events of the September 28, 2009, and will be a lever for all defenders of human rights in Guinea”
Ahmed Mansoor (United Arab Emirates)
Since 2006, he has focussed on initiatives concerning freedom of expression, civil and political rights. He successfully campaigned in 2006-2007 to support two people jailed for critical social comments. They were released and the charges dropped. Shortly after, the Prime Minister of UAE issued an order not to jail journalists in relation to their work. He is one of the few voices within the United Arab Emirates who provides a credible independent assessment of human rights developments. He regularly raises concerns on arbitrary detention, torture, international standards for fair trials, non-independence of the judiciary, and domestic laws that violate international law. He was jailed in 2011 and since then has been denied a passport and banned from travelling.
Upon receiving the news of his selection, he stated, “I’m very pleased to be nominated for the Martin Ennals award. This recognition indicates that we are not left alone in this part of the world and that our voices resonate and our efforts are appreciated by a well-informed people. I hope this nomination sheds further light on the human rights issues in the UAE. It is not just full of skyscrapers, big malls and an area attractive to businesses, but there are other struggles of different sorts beneath all of that.”
The Martin Ennals Award for Human Rights Defenders (MEA) is a unique collaboration among ten of the world’s leading human rights organizations to give protection to human rights defenders worldwide. The Jury is composed of:
- Amnesty International,
- Human Rights Watch,
- Human Rights First,
- Int’l Federation for Human Rights,
- World Organisation Against Torture,
- Front Line Defenders
- International Commission of Jurists,
- EWDE Germany,
- International Service for Human Rights
- HURIDOCS
An electronic version with Bios, Photos, and Video can be found at: http://bit.ly/1DYqlFn
For last year’s nominees see: https://thoolen.wordpress.com/2014/06/22/announcement-ceremony-of-the-martin-ennals-award-2014-on-7-october/
For further information: Michael Khambatta +41 79 474 8208, khambatta@martinennalsaward.org or visit http://www.martinennalsaward.org
Human rights and Business Forum in Geneva – a report
December 5, 2014The 3rd UN Forum on Business and Human Rights took place in Geneva from 1-3 December. Here is the personal and very readable report from one participant, Sudeep Chakravarti, who regularly publishes on business and human rights in India.
“A decade ago a global forum such as the United Nations Forum on Business and Human Rights was inconceivable. Now it is already in its third edition. It is apt that the third United Nations Forum on Business and Human Rights took place over 1-3 December in Geneva, marking the 30th anniversary of the gas leak disaster in Bhopal. On the face of it such a gathering may appear to be a grand eyewash: little more than a self-important global talkfest for bureaucrats, businesses—and their sharp handmaidens in law and public relations. Perhaps a budget-justifying annual ball for the office of the UN High Commissioner for Human Rights, which flowed from a toothless exercise, Guiding Principles on Business and Human Rights, that was formally adopted by the UN Human Rights Council in 2011. After all, the UN’s Protect, Respect and Remedy framework that backed such guiding principles is little more than finger-wagging. The principles mention the “States’ existing obligations to respect, protect and fulfil human rights and fundamental freedoms”; the role of business enterprises “as specialized organs of society performing specialized functions, required to comply with all applicable laws and to respect human rights”; and the need for rights and obligations “to be matched to appropriate and effective remedies when breached”. It’s a re-stating of the dazzlingly obvious in the mellow tones of UN bureaucratese: there cannot be human rights in business unless businesses behave, and governments ensure they behave.
That is certainly true in the Indian context. Here complicity of business and government to ignore or dilute the rights of project-affected communities, among other malpractices, is a continuing scandal that foments unrest and has implications for internal security. Even so, the UN forum makes eminent sense. The absence of power to prosecute cannot always be equated with irrelevance. A decade ago a global forum such as this was inconceivable. Now it is already in its third edition. It’s recognition, as with the adoption of UN’s guiding principles by that global body that such issues matter, will increasingly matter. Moreover, each such gathering brings together a clutch of important people, important statements, and release of research data and trends, a reaffirmation of the religion of business and human rights; one in which ethics increasingly signal hassle-free earnings, as opposed to the time-honoured and piratical, but increasingly litiginous, endeavour of earnings over ethics. The UN forum is today a sort of Davos to discuss and disseminate matters of human rights and business, a place to be seen, yes, but more importantly, also to be heard. A virtual wagonload of useful documents in the areas of human rights, community rights, child rights, labour laws and liability, among others, were made available at the forum (accessible at ohchr.org/hrc and business-humanrights.org )—several of which I shall discuss in future. The United Nations Children’s Fund (UNICEF) and the Danish Institute for Human Rights released a useful tool to track use of child labour, Children’s Rights in Impact Assessments. UNICEF separately shared guidelines on engaging stakeholders in the area of children’s rights. The UN Environment Programme’s Finance Initiative launched the Human Rights Guidance Tool for the Financial Sector, a useful companion to the initiative of the Thun Group of banks, a multinational endeavour of some of the biggest names in investment banking to reduce liability on account of customers’ iffy human rights practices.
Activist-documentation was also unveiled, such as one by the UK-based Peace Brigades International on behalf of what it termed “human rights defenders working on land and environmental issues”. It is titled Recommendations for States and Multilateral Bodies—a response to alleged lending and oversight malpractices by multilateral agencies. For my money, the highlight was the keynote statement at the forum on 2 December by Nestlé SA’s chief executive Paul Bulcke. For the past year beset by accusations of labour wrongdoing directly or by associates in some of Nestlé’s globalized farming and procurement operations, Bulcke’s reiteration of human rights was surely as introspective as it is welcome. “It is in the actions, on the ground, where respect for human rights is visible,” he stated. “In the countries where companies operate, where they have their people working for them, where they source their raw materials and link up with societies; where they produce, where they sell their products and services. That’s where human rights are visible and lived.” If ideas of responsibility, accountability, legal and financial liability, and the danger of diminishing of corporate image remain explicitly and implicitly on the agenda of such a gathering; which aids dissemination of human rights in the spheres of business, governance, activism and judicial redress; and tunes law, it is surely work in progress. And if it is work in progress, it works.”
Read more at: http://www.livemint.com/Opinion/hHo4qgjWnNPS8qHNxvFgtO/Rootcause.html?utm_source=copy
2014 Annual Report Observatory: Land Rights defenders are the forgotten victims of unbridled development
December 2, 2014
The Observatory for the Protection of Human Rights Defenders (joint programme of OMCT and FIDH) has, since 2013, launched more than 500 urgent interventions on more than 60 countries. Its 2014 Annual Report came out today in the context of the 3rd UN Forum on Business and Human Rights and focuses on “land rights defenders” who are increasingly the target of repressive measures. The pressure on land has become unbearable and mobilisation for the respect of the economic, social and cultural rights of affected communities has become a high risk activity.
Between 2011 and 2014, the Observatory documented 43 assassination cases targeting land rights defenders and the judicial harassment of 123 defenders, sometimes together with their arbitrary detention. These figures only reflect a small fraction of the real picture. All regions in the world are concerned, Asia and Latin America being the most affected. The Observatory found that authors of repression are often the police, the military, private security agents and “henchmen”. Their objective being to silence dissenting voices likely to slow down investment projects.
In addition to violence, numerous States also use judicial harassment and arbitrary detention to intimidate defenders. Thanks to laws that violate fundamental freedoms or in violation of their own laws, they jail any person deemed to be a nuisance. “Terrorism”, “misleading propaganda”, “infringement to State security”, “public unrest”, there are many abusive charges which can result in heavy prison terms.
Land rights defenders are often powerless when they face physical attacks and arbitrary arrests. According to the Observatory, 95% of violations against them remain unpunished today. Judicial bodies in countries where such violations occur are characterised by a lack of independence, resources and expertise. Regarding the possibility of prosecuting business corporations responsible for human rights violations, the legal battle – if any – is often lengthy, perilous, unequal and costly.
At the heart of the problem lies the issue of the participation of individuals and communities affected by the development policies and investment projects. The Observatory calls for meaningful consultations that ensure the direct participation of populations affected by the projects and the recognition of land rights defenders as the legitimate spokespersons in order to prevent conflicts and put an end to serious human rights violations. Furthermore, it is necessary to strengthen the capacity and independence of domestic judicial systems, including in States hosting the headquarters of business corporations, in order to allow defenders to access justice and seek redress in the event of human rights violations.
The Observatory also recommends to strengthen international law in order to trigger effectively the responsibility of business corporations when the latter commit human rights violations and to guarantee the adequate protection of land rights.
The full report under the title “We are not afraid”: https://wearenotafraid.org/en/
Alejandra Ancheita on the challenges for women defenders working on business and human rights
December 2, 2014
(Photo credit: Martin Ennals Foundation)
For the 3rd UN Forum on Business and Human Rights (going on at the moment), ISHR published also an article by Alejandra Ancheita, 2014 Martin Ennals Award Laureate and Executive Director of ProDESC. Women defenders and those working on business and human rights represent two groups facing particular risks yet, in Mexico, the State’s response is falling short, concludes Alejandra Ancheita in her article:
“The challenges and risks that human rights defenders (HRDs) are facing in Mexico and other Latin American countries are diverse and growing daily in the absence of comprehensive State action to address this situation. The inadequate response of the Mexican government to the hundreds of cases of attacks and intimidation has become evident in various spaces. For instance in the recent Universal Periodic Review of the United Nations, the Mexican State received 24 recommendations on the situation of human rights defenders and journalists in the country, whilst the Protection Mechanism for Human Rights Defenders and Journalists, in the Interior Ministry, has received 130 applications for protection. Its response has been insufficient, particularly for those groups of defenders who face particular and heightened risks. As a woman human rights defender who works on issues related to business and the environment, I ought to know.……
Importantly, the fact that women human rights defenders face specific threats has been well established. However, existing protection mechanisms have not yet adjusted to incorporate this reality into their functioning, thus leaving women defenders vulnerable to gender-specific threats and aggressions. This is a global phenomenon and, in over 15 years as a human rights defender in Mexico, I have personally suffered violations of my human rights because of my gender and numerous colleagues have found themselves in the same situation.….
Integral security for women defenders must also seek to transform public opinion to understand and support our work. The first step in this regard is for States to recognize that working to defend certain rights can make women HRDs particularly vulnerable, for example by working on indigenous land rights in Latin America. Public statements made by public officials on the importance of our role and the legitimacy of our work are key. Authorities must investigate and punish those responsible for statements that seek to defame or attack defenders or delegitimize their work, even when such statements are made by non-State actors like community leaders or company representatives. Given the severe impact inflammatory statements have on women defenders’ work and wellbeing, they must be treated as aggressions in and of themselves.…..
In the vast majority of countries there are no specific mechanisms in place to protect human rights defenders. Where mechanisms have been created they are often hindered by operational failings, a lack of financial or human resources, the absence of gender-sensitivity, limited options for collective or community measures, and absent political will…..
As my work is based in Mexico, and due to my incorporation into the Federal Protection Mechanism for human rights defenders and journalists last year, this is the Mechanism I am best-placed to comment on. One very positive aspect of the mechanism is that four of the nine members of the decision-making body come from civil society. However, the Mechanism is also faced with several challenges.
The Mechanism falls short in the preventative aspect. Recently, various actors including Amnesty International, Human Rights Watch and the CEDAW Committee have highlighted impunity for violations against women defenders as the greatest obstacle in improving their safety. In spite of this concern, the law establishing the Mechanism does not guarantee the adequate investigation and prosecution of perpetrators.
The Mechanism also fails to incorporate a gender perspective to better understand the situation facing women HRDs. I believe that the Mexican authorities have the opportunity to set best practices in this regard, by providing gender-sensitive training to staff and by developing gender indicators to guide the granting, planning and implementation of protection measures.
Mexican authorities responsible for the Mechanism must also effectively involve defenders in the design and implementation of protection measures, as well as conducting risk assessments in a more transparent way. This is particularly important in the case of defenders working on issues that impact upon private actors such as business, or those defending land rights in isolated communities. Finally, cooperation and coordination between federal, state and local authorities in the implementation of protection measures need to drastically improve……..”
Michel Forst on protecting defenders who work on business and human rights
December 1, 2014At the start of the 3rd UN Forum on Business and Human Rights, today 1 December, the ISHR publishes a series of articles by key human rights defenders and experts in this field. [https://thoolen.wordpress.com/2014/11/17/register-for-the-3rd-annual-forum-on-business-and-human-rights-1-to-3-december-2014/] The Special Rapporteur on HRDs, Michel Forst, goes first:
Hans Thoolen on Human Rights Defenders and their awards 