Report on Human Rights Defenders & Unfair Business Practices | 12 May 2023

Why in News?

Recently, Business & Human Rights Resource Centre (BHRRC) has released a report titled “Human rights defenders & business in 2022: People challenging corporate power to protect our planet”, seeking to underscore the number of attacks against activists seeking to protect their “Communities, Environments, and Livelihood” from the impact of Irresponsible Business Practice.

• BHRRC is a UK-based center, which is dedicated to advancing human rights in business and eradicating abuse.

What are the Findings of the Report?

• Global:
  • Total Attacks:
    • Globally, there are 4,700 attacks on Human Rights defenders raising concerns about harmful business practice from January 2015-March 2023.
    • Of them, 555 were in 2022, “revealing that on average more than 10 defenders were attacked every single week for raising legitimate concerns about irresponsible business activity.
  • Mining Sector:
    • Mining has remained the most dangerous sector for defenders, with 30% of all the attacks in 2022 being linked to it.
    • The sector is even more dangerous for Indigenous defenders — 41% of attacks against Indigenous peoples in 2022 related to mining.
  • Non-Lethal Attacks Uninvestigated:
    • The people fighting against human rights violations and environmental crimes by corporations faced a multitude of attacks, with 86% of them being non-lethal. However, these are often precursors to lethal violence.
    • Non-lethal attacks are generally left uninvestigated and unpunished, which can have a chilling effect on the work of defenders and promote impunity that feeds further violence where defenders persist in their critical work.
  • Major Attacks:
    • Judicial harassment, which includes arbitrary arrest, unfair trial and strategic lawsuits against public participation, was the most common form of attack against protesters across the world.
      • Around half the cases of attacks tracked by the organisation were of this nature.
    • Judicial harassment causes significant distress and harm to defenders and diverts time away from their human rights work while draining their resources.
      • It can have a chilling effect, deterring others from speaking out against abuse.
  • Attacks on Women:
    • Nearly a quarter of the attacks were against women who challenged “both corporate power and patriarchal gender norms”.
    • Many of these attacks were online threats and smear campaigns that caused them immense long-term psychological harm.
    • These tactics are meant to stigmatise, isolate and silence women defenders.
• India:
  • India recorded the 2^nd highest number of attacks on defenders protesting harmful business practices in 2022. India saw 54 such incidents of attacks (affecting one or more individuals).
    • The only country to perform worse than India was Brazil, with 63 such incidents.
    • Mexico, Cambodia, and the Philippines followed with 44, 40, and 32 attacks, respectively.
  • India also had the greatest number of companies linked to attacks.
• Recommendations:
  • States should “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.
  • Collect and report data on non-lethal and lethal attacks to inform more effective protection mechanisms and passing anti-SLAPP (Strategic Lawsuits Against Public Participation) legislation to prevent companies silencing defenders.
  • 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 UN Treaty on business and human rights and ensure that it explicitly recognises the risks defenders face and their right to defend human rights.

How do Businesses Violate Human Rights?

• Labor Rights Violations: Businesses may violate the rights of their workers by engaging in practices such as Forced Labor, Child Labor, gender-based discrimination, and violations of freedom of association and collective bargaining rights.
• Environmental Impacts: Businesses may contribute to environmental harm through Pollution, Deforestation, and other activities that can harm local communities and their rights to clean air, water, and a healthy environment.
• Human Rights Abuses in Supply Chains: Companies may source their products or services from suppliers that violate human rights, such as those that engage in human trafficking, or other forms of exploitation.
• Land Rights Violations: Businesses may be involved in land acquisition or development projects that displace local communities, infringe on their land rights, or harm their livelihoods.
• Corruption: Businesses may engage in corrupt practices such as bribery, extortion, or money laundering that can undermine the rule of law and the rights of citizens.

Source: DTE