NL, HR Defenders & Whistle-blowers, 2nd NAP

Pillar I

Including ‘business and human rights’ in the Netherlands’ foreign policy

Protecting human rights defenders

“The work of human rights defenders is vital to the protection of human rights. Examples include trade union leaders fighting for workers’ rights, land rights for local communities, environmental defenders championing the human rights of the local population and employees suffering the negative environmental effects of business activities, as well as journalists and academics investigating abuses. Human rights defenders also contribute to a stronger civil society, an important condition for a well-functioning democracy governed by the rule of law.

Human rights defenders fighting for indigenous, land and environmental rights − often in connection with economic activities − are some of the most vulnerable human rights defenders, with female defenders facing additional risks. The work of human rights defenders is increasingly undermined by strategic legal proceedings against public participation. Incidents were reported between 2015 and 202137 and in 2021 35838 human rights defenders around the world lost their lives as a result of state and non-state violence. Many of these defenders (59%) were fighting for indigenous, land and environmental rights, often in connection with economic activities.

In accordance with international law governments are required to protect human rights defenders against attack from others, to protect and guarantee their rights and to refrain from any activities that violate their rights. Protection of and support for human rights defenders is therefore one of the priorities of the Netherlands’ human rights policy.

The Human Rights Fund (MRF) strives to protect and promote human rights around the world, with a particular focus on environmental activists and land rights defenders.  Furthermore, delegated MRF funds contribute to the Lifeline Consortium which focuses, among other things, on indigenous populations and environmental protectors. It also contributes to Planet Protectors and to Shelter and Resilience for Human Rights Defenders, thus supporting indigenous land and environmental defenders in Central America. Through the Power of Voices (PoV) partnerships the Netherlands also supports human rights defenders who highlight business-related violations of labour and environment rights or who identify investments which have a negative impact on people and their environment.” pp 38-39.

Improved protection of Colombian human rights defenders

“In Colombia the Netherlands offers financial assistance to the Colombian Commission of Jurists (CCJ), a human rights organisation that contributes to the development of safety and protection mechanisms for Colombian human rights defenders. They do this by developing strategies for litigation aimed at protecting and defending land belonging to farmers, indigenous populations and African heritage communities. The CCJ also raises visibility for human rights defenders and civil society leaders at local, national and international levels and promotes civil society participation in local and national institutions dealing with the prosecution, investigation and punishment of serious violations of human rights defenders’ rights. In this way the organisation helps strengthen the voice of human rights defenders in the Colombian government’s decision-making processes and improve the Colombian legal system. This is important in combating human rights violations resulting from business activities.

Multilateral forums pay systematic attention to the most vulnerable human rights defenders, including those advocating for indigenous, land and environmental rights. The Netherlands consistently presses for specific mention of these target groups in the official texts negotiated in the Human Rights Council and the Third Committee of the UN General Assembly.

Lastly, the Dutch government provides diplomatic support to human rights defenders through its embassies. This support includes attending trials of human rights defenders and highlighting specific cases to the authorities.

In addition to its protection programmes, the Dutch government seeks to invest more, together with key stakeholders, to prevent the escalation of violent and non-violent conflict between the Dutch business community and local stakeholders, by entering into dialogue at embassy level with human rights defenders, Dutch businesses and other stakeholders. Human rights defenders tend to represent local stakeholders such as local communities and employees, who are often denied a voice and have few opportunities to raise concerns In addition to its protection programmes, the Dutch government seeks to invest more, together with key stakeholders, to prevent the escalation of violent and non-violent conflict between the Dutch business community and local stakeholders, by entering into dialogue at embassy level with human rights defenders, Dutch businesses and other stakeholders. Human rights defenders tend to represent local stakeholders such as local communities and employees, who are often denied a voice and have few opportunities to raise concerns.”  pp 40 and 41.

ACTION POINTS PILLAR I	Aim	Responsible party	Timeline
Protecting human rights defenders
Sharpen the focus on human rights defenders in the area of business and human rights in existing human rights protection programmes	Integrate protection programmes and risk prevention for human rights defenders into private sector development programmes.	BZ	2022-2024
Draft a plan of action to initiate a dialogue between embassies, the Dutch business community and human rights defenders to better identify environmental, social and security risks (early warning) and to take early action on them (early action).	Work with human rights defenders to integrate protection programmes and prevention of environmental, social and security risks into embassies’ Multiannual Country Strategies (MACS).	BZ	From 2022

p. 42