The key mandate of the Working Group is to promote the effective and comprehensive dissemination and implementation of the Guiding Principles on Business and Human Rights, using the usual range of tools available to Special Procedures of the Human Rights Council (country visits, thematic reports, and individual communications).In order to discuss the trends and challenges in the implementation of those Guiding Principles and to promote dialogue and cooperation on issues linked to business and human rights, a Forum on Business and Human Rights has been held every year since 2012 and is open to all relevant stakeholders, including in particular human rights defenders. There is an increasing focus on human rights defenders in the agenda of the Forum, with two specific panels dedicated to human rights defenders in 2015 focusing on women human rights defenders and on the role of business in protecting defenders respectively.
In June 2014, the Human Rights Council mandated an Intergovernmental Working Group (IGWG), tasked with commencing work towards the drafting of an international legally binding treaty on business and human rights. In July 2015 the IGWG had their first session, more information and reports can be found here.
Finally, the UN Global Compact initiative, is intended as a practical framework for the development, implementation, and disclosure of sustainability policies and practices by businesses that are committed to aligning their operations and strategies with ten universally accepted principles.
On 19 October Michel Forst, UN Special Rapporteur on Human Rights Defenders, wrote a piece for the Monitor of the ISHR under the title “No more ‘business as usual’ when it comes to business and human rights defenders”. Read the rest of this entry »
A bit belatedly, I refer to the interview (19 June 2015) with Alejandro González in the Newsletter of the ISHR. Alejandro is a human rights specialist who works for PODER, an award winning and multi-faceted civil society organisation based in Mexico that helps build the capacities of communities, workers, NGOs, and other civil society groups affected by corporate malfeasance and accompanies their accountability campaigns.
‘We help communities participate in the consultative process. In the end, it is about what communities want. We are not in favour or against the project. We make sure communities know their rights and are aware of the potential positive and negative impacts of the project.’ Free, prior and informed consent of the local communities is needed to pass development projects in indigenous regions of Mexico. Recent reforms, however, have opened the energy sector to both national and international investment. Mexico is currently in a maelstrom of speculation. ‘This is a dangerous situation. Many powerful companies in Mexico have a poor track record in human rights and we are concerned that local communities will lose their power to defend their land rights. Communities affected by gas speculation can either be obliged to sell their land or be forcibly dispossessed. It is vital that we observe, facilitate and publicise these negotiations.’
PODER, together with rural communities, is currently conducting an ex ante human rights impact assessment on extractive projects in Puebla, Mexico. In other states, such as Hidalgo, Oaxaca, and Sonora, PODER conducts participatory research with communities and accompanies their advocacy efforts. In Oaxaca it is part of an international mission to monitor the Free, Prior and Informed Consent process regarding the construction of wind farms by Australian, Dutch, Japanese and Mexican corporations.
‘The government wants to use this case as a model – to set a precedent for all future negotiations. If it goes poorly, the consequences could be devastating … We have met frequently with the Dutch, European Union and other embassies to amplify the voices of local people. We have also conducted extensive research into the companies and provided this information to the community, to help them make informed decisions.’
Standing up to powerful economic actors is dangerous work. In 2013, Héctor Regalado Jiménez, member of the Popular Assembly of the Juchiteco People, was shot and killed after opposing the wind farms. ‘Another activist we were working with died in a suspicious car accident. We still don’t know what happened, but this is a common modus operandi in Mexico. The killers make it look like an accident. Community leaders are frequently subject to death threats and assaults.‘
Since PODER does not directly advocate on land rights issues, Alejandro is not in as much risk as the human rights defenders it supports, though he and his colleagues face increasing surveillance. He believes that a powerful political and corporate élite pose a major challenge to the work of business and human rights defenders across Mexico. ‘There is a small group of families who control most of the market. It is a secretive group who meet with the president and cabinet members behind closed doors. Together they decide the laws and regulations. That’s how they pushed through the reforms that opened up the energy sector.’
To address this lack of transparency in the government and private sector, PODER is involved in online platform such as “Who’s Who Wiki” (rindeucentas.org) and ‘MéxicoLeaks’ – a whistleblowing tool that allows people to send information of public interest through secure technologies that protect the identity of the source. The information received through MéxicoLeaks is then verified, analyzed and published by the partners of the alliance, made up of civil organizations and media outlets. “The investigations that follow allegations communicated via ‘MéxicoLeaks’ are dangerous. In a two-year period, 10 journalists were murdered and 326 attacked. We have seen an increasing use of cyber attacks – as hackers force outlets offline or bombard them with viruses. Any journalist who exposes government corruption can expect to lose his job.”
Despite these adverse conditions, Alejandro is positive that good business practice is in the best interests of businesses. ‘We make corporations aware that human rights violations are a material risk. For example, if a company pollutes a river, there will be mobilisation and litigation against the company as well as a huge attack on their reputation – all of which costs money. Making corporations aware of the cost of violating human rights puts pressure on them to improve their due diligence.‘
‘In Mexico we would like to see a civil society powerful enough to be on equal footing with both the authorities and the private sector. For this you need information, complete transparency in everything the government does and strong accountability mechanisms. The private sector must prioritise human rights with due diligence, and not merely refrain from doing harm, but actively to do good.’
Sister Stella Matutina explains the threats of large-scale mining in Mindanao during a conference in early August (Photo by Leon Dulce)
A Benedictine nun, Stella Matutina, is the recipient of Germany’s “Weimar Award for Human Rights”2015 for her anti-mining advocacy in the southern Philippine region of Mindanao.
Sister Stella Matutina has been recognized for “[engaging] herself extraordinarily for the rights of the native population, despite being exposed to permanent threats to her safety due to her engagements”. “This highlights the situation of Mindanao and the Philippines in general where the poor, the farmers, the indigenous peoples, the human rights activists and defenders of the environment endure harassment and face risks and death,” the 47-year-old nun told ucanews.com(Jefry Tupas, 7 August 2015) . More than a personal recognition, Matutina said the award acknowledges the “collective sacrifices” of freedom and environment defenders in the face of a “systematic effort to limit democratic space and security threats”.
Matutina has been a vocal opponent of attempts to convert the farmlands in Mindanao to plantation crops like palm oil, pineapples, and bananas. She has also led a campaign against the entry of large-scale mining companies in tribal communities in Mindanao. In 2012, the Philippine military labeled Matutina a “fake nun” and accused her of being a communist New People’s Army guerrilla. In 2009, soldiers detained Matutina and two other anti-mining activists in the town of Cateel in Mindanao for giving a lecture on environmental awareness to residents of an upland village. Early this year, authorities charged Matutina, other Church leaders and human rights activists with kidnapping, human trafficking, and illegal detention for taking care of displaced tribal people in the provinces of Davao del Norte and Bukidnon.
“These are proof that helping the oppressed, the poor, the abused comes with great risks,” said Matutina, chairwoman of the Sisters Association of Mindanao and secretary-general of the environment protection group Panalipdan.
Since 1995, the Weimar Award has honored individuals or groups engaged in the fight for freedom and equality, the prevention and condemnation of genocide, the right to free speech, and the respect and preservation of political, ethnic, cultural and religious rights of minorities, among others. The award comes with a 2500,00 Euro stipend.
The same Weimar Human Rights Award went in 2000 to Father Shay Cullen of the Peoples Recovery Empowerment Development Assistance (PREDA) Foundation for his work defending the rights of children and women, victims of human trafficking, sexual abuse and exploitation in the Philippines.
Koné: We want to support forest dependent communities in the protection of their natural resources and put human rights issues at the heart of forest debates’.
Lassana Koné is a lawyer in Kinshasha, Democratic Republic of Congo (DRC), working for Forest Peoples Programme, an international NGO working to protect the rights of those who live in the world’s forests. The International Service for Human Rights (ISHR) did an interview with him on 8 May 2015 in Banjul:
Lassana’s efforts in the DRC are focused on pushing for policy change regarding land reform and forest governance, seeking to secure community land titles.‘It’s a key moment because the Government is in the process of reforming the land tenure act. It is vital that the human rights of communities be enshrined in this process. It gives us an opportunity to ensure that the free prior and informed manner in which communities ought to be consulted according to international law, is finally ensured by national law’.
Lassana works with a number of local communities in advocating for such policies and, in doing so, shines a light on the abuses taking place around communal land and natural resources. He explains that, for the communities raising their voice can be dangerous.
‘They face a range of opponents to their demands, and these opponents can become threatening. For example many communities are being evicted for conservation projects and can be threatened by national park guards. Others find themselves face to face with powerful proponents of extractive industries. In both cases, foreign companies are usually working together with the government’.
Whist the majority of the organisation’s work in DRC is currently focused on advocacy and dialogue for policy change, they also monitor human rights abuses in forest communities and are litigating a case before the national court regarding the forced eviction of a community to make way for a national park in Kivu region.
‘We hope to bring a communication before the ACHPR regarding the Sengwer indigenous people of Kenya, who have suffered a massive forced eviction last year from their ancestral lands, when many thousands of families were evicted, with houses and possessions burned, by the Kenyan Government’s Forest Service. There have been some successful complaints with the World Bank and also statements by UN special procedures, but hope for a response at the regional level.’ But Lassana also sees other opportunities for actions from the ACHPR, particularly around the free prior and informed consultations of communities regarding the development and conservation projects. ‘This is something which the ACHPR Working Group on Extractives and the Environment is working on. We hope they will produce guidelines on this issue. But we are also engaging with the regional system in other ways: for this session we produced a shadow report on the situation facing indigenous Batwa people in Uganda, whilst we are also contemplating how to work with the Special Rapporteur on human rights defenders regarding the threats towards communities demanding their rights’.
‘We believe that local initiatives backed up by international support can ensure that forest peoples have their rights protected too’.
On 11 May 2015, environmental rights defender Mr Nguyen Chi Tuyen was attacked by five unidentified men in Hanoi, Vietnam, according to information received by Front Line Defenders. The human rights defender’s car was halted in the Long Bien District by five masked men, who surrounded the vehicle. The assailants proceeded to beat Nguyen Chi Tuyen with iron bars, and left him unconscious at the scene. Tuyen suffered injuries to his face, head, arms and legs, and received six stitches before being discharged from hospital.
Nguyen Chi Tuyen is an environmental activist, blogger and human rights defender. He provides support to human rights activists facing harassment by police and has played a prominent role in peaceful demonstrations calling for transparency in the development of environmental policies in Hanoi. He promotes environmental and human rights causes through his blog.
[Nguyen Chi Tuyen has previously been subjected to intimidation and harassment as a result of his environmental and human rights works. During the execution by Hanoi city officials of a widely opposed plan to cut down 6708 trees in the city, the environmental rights defender was placed under constant surveillance by police.]
reports that on 11 February 2015, land rights defender Mr Chai Bunthonglek was shot and killed at his home in Chaiburi District, Thailand, by an unknown man. Reportedly, the perpetrator fired six bullets at the human rights defender.
[Chai Bunthonglek was a member of the Southern Peasants’ Federation of Thailand – SPFT, a network formed in 2008 to campaign for the right to agricultural land. Chai Bunthonglek is the fourth member of SPFT who has been killed. On 19 November 2012, Ms Montha Chukaew and Ms Pranee Boonrat were shot by unknown individuals near the village of Khlong Sai Pattana in Surat Thani Province. In 2010, Ms Somporn Pattaphum was also shot dead in the area.]
The killing follows the recent incommunicado detention of Mr Pianrat Boonrit, the President of SPFT, on 3 February 2015. The human rights defender was released by the military on 5 February 2015, reportedly on condition that he would mediate between the army and the Premsub Community, and urge the community to leave the area. Allegedly, Pianrat Boonrit was threatened with seven days’ detention if he did not convince the community to leave the land. The human rights defender had been arrested and detained when he presented himself at the Vibhavadi Rangsit Military Camp, Surat Thani Province, in response to a summons to attend an “attitude adjustment camp” for three days.
Front Line Defenders strongly condemns the killing of Chai Bunthonglek, which it believes to be directly linked to his peaceful and legitimate work in the defence of land rights. Front Line Defenders is gravely concerned for the physical and psychological integrity and security of Pianrat Boonrit and other members of SPFT.
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.
Interesting to note that Peace Brigades International (PBI), in spite of a large number of Irish volunteers working for it, officially launched its local chapter in Ireland only now, Wednesday 26 November 2014. PBI is known for sending teams of international volunteers to areas of conflict at the request of local human rights defenders who are threatened and the volunteers provide protective accompaniment backed up by political support networks around the world.
At the launch, three visiting human rights defenders from countries where PBI works – Colombia, Kenya and Honduras – spoke about the risks facing human rights defenders in their countries. Honduran lawyer Donald Hernández Palma joined Colombian activist Yomaira Mendoza and Ruth Mumbi Meshack.
[Ms Mendoza’s husband was shot dead in front of her and her family’s land was taken from her illegally. After talking to Colombia’s attorney general about the progress of her case, she was subjected to death threats. After months of trying to reduce her risk in Colombia and re-location attempts within the country, she is now living in exile in Spain.]
[Mr Hernández Palma has been subject to threats and harassment in his work in criminal and environmental law, with a particular focus on mining in Latin America.]
[Ms Meshack is a community mobiliser, and founder and current National Coordinator of Bunge la Wamama, a women’s chapter a movement for social justice and accountability in different parts of Kenya. She has been imprisoned for her work defending human rights.]
Hans Thoolen on Human Rights Defenders and their awards 