Brief description of the session: This session will explore different policies and regulations, both globally and in the different regions and how they have proved effective or not in improving the situation for (W)HRDs, Indigenous Peoples, and afro-descendent communities at risk, and what needs to be done.
This session is a joint session developed with the UNWG and Zero Tolerance Initiative members and allies: Accion Ecologica, AFRILAW, Asia Indigenous Peoples Pact (AIPP), Business and Human Rights Resource Center, CEMSOJ, Forest Peoples Programme (FPP), Greater Whange Residents Trust, International Lawyers Project, International Service for Human Rights (ISHR), The Indigenous Peoples Rights International (IPRI), Jamaa Resource Initiatives, Marginalised Mirror, Peace Brigades International (PBI), Protection International, Star Kampuchea, Swedwatch and Talent des Femmes Rurales.
Key objectives of the session:To explore if different policies, voluntary measures, and regulations in different regions have contributed to improving the situation for Indigenous Peoples, afro-descendent communities and (W)HRDs at risk.
To reflect critically on the extent to which these smart mix initiatives have proved (in)effective, especially for rights-holders, and what would be the next steps that States and businesses need to implement to guarantee the protection of (W)HRDs.
Key questions: - How are (W)HRDs, Indigenous Peoples, and Afro-descendent communities being impacted by business operations?
- Have different measures in the “smart mix” effectively contributed to improved protection for (W)HRDs, Indigenous Peoples, and Afro-descendent communities from the risks posed by large-scale projects?
- How have companies developed zero tolerance / human rights defender policies, and what do these policies typically look like in practice?
- In what ways are companies implementing HRD policies across different regions, and how are they ensuring that these policies provide real protection for defenders, Indigenous Peoples and Afro-descendent rightsholders?
- What are the key components of an effective corporate HRD policy, and how do companies ensure its practical application when human rights defenders are under threat?
- What challenges have companies faced when implementing HRD policies, and how are they overcoming them to ensure meaningful protection and engagement?
- Have state regulations in public procurement, which include human rights-related requirements, proved effective or not in improving the situation for Indigenous Peoples, afro-descendent communities and (W)HRDs at risk?
- In what ways have (W)HRDs, Indigenous Peoples and Afro-descendent communities been included in the development, implementation and evaluation or accountability of HRD policies, and what challenges remain?
- What are the main limitations or failings of the current "smart mix" policies in ensuring transparency and meaningful engagement with Indigenous Peoples and Afro-descendent communities in development projects?
- Can community-led protection mechanisms, like Indigenous community protocols, offer more effective alternatives to top-down measures?
- What lessons can be drawn from bottom-up approaches led by Indigenous and Afro-descendent communities in shaping measures that truly protect (W)HRDs?
- Why is it important to move toward binding rules—whether national, regional, or international—when it comes to corporate accountability, covering protections for human rights defenders (HRDs), Indigenous Peoples, and Afro-descendent communities?
- What progress is being made across different regions and other regions toward establishing binding regulations to hold companies accountable for human rights abuses?
Background of the discussion:13 years on from the UNGPs adoption, which includes the notion of the “Smart mix” of measures, the concept has so fallen short with regards to concrete improvements for (W)HRDs, Indigenous Peoples and afro-descendent communities. These groups continue to face relentless threats, attacks, criminalisation and killings for their work protecting the land, the environment and the planet. Global Witness has recorded 1,910 killings of land and environmental defenders since the launch of the UNGPs in 2011. HRDs who confront business interests are among those defenders most at risk.
Systemic and transformative changes are needed to address the root causes of attacks and killings of Indigenous Peoples, afro-descendent communities and (W)HRDs. Effective legislation and regulation need to be put in place to protect against human rights harm by businesses.
This session will explore different policies and regulations, both globally and in the different regions and how they have proved effective or not in improving the situation for Indigenous Peoples, afro-descendent communities and (W)HRDs at risk, and what needs to be done. It will also look into business practice and address challenges and opportunities for improvement.
Additional background documents: The UN Guiding Principles on Business and Human Rights: guidance on ensuring respect for human rights defenders, UN Working Group on Business and Human Rights 2021. This report by the UN Working Group on the issue of human rights and transnational corporations and other business enterprises unpacks for States and business the normative and practical implications of the UNGPs in relation to protecting and respecting the vital work of human rights defenders.
https://www.ohchr.org/sites/default/files/2022-02/Formatted-version-of-the-guidance-EN_0.pdf Zero Tolerance Resource Hub - There is a growing body of standards, frameworks, tools, and guidance on corporate policies that commit to not tolerate or contribute to attacks against Human Rights Defenders (HRDs). The Zero Tolerance Initiative serves as a platform to coordinate civil society and rightsholder engagement in developing these materials. This hub collates resources to provide accountability tools for Indigenous Peoples, rural and Afro-descendent organisations and communities, and Environmental Human Rights Defenders (EHRDs) to advocate for and track company policy commitments and their implementation. https://www.zerotoleranceinitiative.org/zero-tolerance-policies
Committing to protections for Human Rights Defenders, Zero Tolerance Initiative, 2024, This document presents recommendations on minimum requirements for the development of private sector policies and procedures regarding protections for HRDs.
https://www.zerotoleranceinitiative.org/committing-to-protections-for-human-rights-defendersDeclaration on Human Right Defenders +25, A supplement to the UN Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms: 25 years on;
20241003-DeclarationOnHumanRightsDefendersPlus25-web.pdfIndicators on how to track businesses' respect of the rights of HRDs, ISHR
2024. This set of indicators is designed to provide companies with guidance on the responsibility of business to respect the rights of human rights defenders and to support civic freedoms.
https://ishr.ch/defenders-toolbox/resources/business-and-human-rights-indicators/ Human rights defenders policy tracker, Business & Human Rights Resource Centre, 2024, This tracker by Business & Human Rights Resource Centre documents publicly
