NL – Indigenous peoples, 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. … 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. 3,100 incidents were reported between 2015 and 2021 and in 2021 358 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. Capacity building and protection programmes offer assistance at various levels, by means of projects, multilateral efforts and diplomatic support. 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. Local governments and civil society organisations, including representatives of indigenous people, work together as strategic partners to strengthen the rights, including land rights, of indigenous populations and enhance respect for their environment. The Netherlands aims to improve access to its protection and capacity-building programmes for human rights defenders working on violations resulting from business practices.” 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.” p.41.

Development cooperation

Sustainable trade with and investment in developing countries

“… The interests and specific circumstances of developing countries must be taken into account when drafting national, European and international agreements aimed at improving the sustainability of trade and investments. Examples include developing standards on deforestation and the climate, the circular economy, land use rights, labour, foreign trade and investments and RBC. The cornerstone of this is to determine the development impact of efforts to make trade and investment more sustainable, especially the impact on vulnerable groups such as indigenous peoples, small-scale producers, workers and agricultural labourers, with a particular focus on women and young people. This should reinforce the efforts’ positive effects and, as far as possible, prevent and mitigate any negative side effects. …” p. 46.