Session organized by the UN Working Group on Business and Human Rights, Coalition for Human Rights in Development (CHRD), and Asian Forum for Human Rights and Development (FORUM-ASIA)
Session Description:This session will gather HRDs from across South Asia to discuss and reflect upon the current situation of HRDs working on business and human rights issues in the region. The panellists will discuss the key challenges, opportunities, and recommendations for states, businesses, international organisations and other actors to better support the work of HRDs and protect them in line with the UN Guiding Principles on Business and Human Rights and other international standards. The discussion will inform the
guidance developed by the UN Working Group on Business and Human rights.
Session Objectives:The key objectives of this session are to:
- To raise awareness about the situation of HRDs working on business and human rights issues in South Asia;
- To highlight cases of attacks against HRDs as well as any best practices for addressing the situation; and
- To provide concrete recommendations to relevant stakeholders (states, civil society organisations, governments, UN agencies / special procedures, and businesses) on how to prevent attacks against HRDs in South Asia, in particular those working on business and human rights issues, protect their rights and safeguard civic space.
Discussion Questions:- What are the key challenges faced by HRDs working on business and human rights issues in different South Asian countries? How has COVID-19 impacted the work of HRDs and the challenges that they have been facing?
- Are there any best practices on how to respond to the growing risks HRDs are facing in the region?
- What are the recommendations for states and businesses to protect HRDs, support their business and human rights work and safeguard civic space in South Asia?
Background:Being at the forefront in the struggle for the realization of human rights, Human Rights Defenders (HRDs) are exposed to numerous forms of attacks and harassment. Throughout 2020, the Asian Forum for Human Rights and Development (FORUM-ASIA) recorded
656 cases of violations against HRDs across 20 different Asian countries. Out of the 656 cases, 185 cases were recorded to have occurred in South Asian countries, reflecting the increasingly shrinking and hostile civic space in the region.
HRDs working on business and human rights issues are among the most targeted category of HRDs who are subject to attacks. According to FORUM-ASIA’s documentation, there were 131 cases of violations that affected HRDs working on issues related to business and human rights - including, but not limited to land and environmental rights defenders and HRDs working on corporate accountability - across Asia in 2020. Their exposure to threats is heightened due in large part to their role in holding both state and non-state actors accountable to their human rights obligations / responsibilities. In 2020, State actors perpetrated 99 out of the 131 cases of violations against land and environmental defenders. Yet, the role of non-state actors, including businesses and corporations in the mining and extractives industries and agri-businesses, in attacking defenders HRDs or colluding with state actors to silence defenders has also started to proliferate. CHRD’s report,
Uncalcualted Risks, in particular outlines the role of development finance institutions (DFIs) have in exacerbating risks faced by HRDs. Violations against HRDs working on business and human rights issues most commonly take the form of lawsuits, intimidation and threats, and violence, which at times have resulted in the killing of HRDs.Worryingly, As COVID-19 hit across the globe, the situation of HRDs working on business and human rights has only deteriorated, with several states and businesses taking advantage of the pandemic to weaponize COVID-19 restrictions to silence HRDs. Beyond this, the vulnerability of HRDs working on business and human rights is also often exacerbated by the fact that many are often based in more remote areas with limited access to support networks and protection mechanisms.
