Human Rights defender (HRD) is a term used to describe people who, individually or with others, act to promote and protect human rights in a peaceful way [UN Declaration on Human Rights Defenders]. Respect and support for the activities of human rights defenders, including investigating and reporting on human rights abuses, are essential for the full realization of human rights, the rule of law and sustainable development. HRDs play a critical role in monitoring state and business conduct in the context of economic activities by identifying concerns, and advocating for redress and accountability of government and business actors involved in human rights abuses.
The UNGPs recognize the key role of HRDs in human rights due diligence. Businesses are urged to consider HRDs as an important expert resource that may help companies assess their human rights impacts, and enable them to understand the concerns of affected stakeholders, particularly “in situations where consultation with affected stakeholders is not possible.” (UNGP 18 and Commentary, p. 20).
In practice, HRDs are often subject to persecution and harassment, punishment, arbitrary arrest or detention, especially in countries lacking effective rule of law. The UNGPs acknowledge the risks faced by HRDs (Commentary to UNGP Principle 26), which requires states to ensure that “the legitimate and peaceful activities of human rights defenders are not obstructed.”
In a 2015 report presented to the UN General Assembly by the UN Special Rapporteur on the situation of HRDs, HRDs working on business and human rights were considered as one of the most vulnerable groups of defenders. Particularly at risk are HRDs working on the intersection of land and environmental rights. Over 200 HRDs were killed in 2016 for protesting against negative environmental impacts and land-grabs affecting the livelihoods and rights of indigenous peoples and local communities. A 2016 report by the UN Special Rapporteur on the situation of land and environmental rights defenders noted the responsibility for or complicity of business actors in various human rights violations against defenders and communities working to protect fundamental rights and freedoms.+ Read more
Mechanisms offering protection for at risk HRDs are of critical importance. Example mechanisms include ProtectDefenders.eu (the European Union Human Rights Defenders mechanism), an initiative by some countries to educate their foreign service staff on how they can support HRDs (see e.g. “Norway’s efforts to support human rights defenders. Guide for the foreign service”). Other examples include efforts by business enterprises aimed at supporting HRDs, such as the Thai Tuna Industry Association (TTIA) and Thai Union Group contributions to cover the bail surety costs for a human rights defender.
A special group of HRDs are whistleblowers, which are individuals who have and report insider knowledge of illegal activities (such as wrongdoing, corruption, immoral behaviors) occurring in an organization. Whistleblowers may be employees, suppliers, contractors, clients or any individual who somehow becomes aware of illegal activities taking place in a business either through witnessing the behavior or being told about it, and discloses this information publicly to expose the existing wrongdoing and prevent it from happening in the future. The law should protect whistleblowers, yet this is often not the case in many countries. Instead, they are often fired or treated unfairly (e.g. not promoted) for having ‘Blown the whistle”. However, recent years have seen an increase in whistleblower protection legislation (See: Blueprint for Free Speech website). For example, Norway amended its Working Environment Act 2005 in 2007 to add provisions for the protection of employees who report “censurable conditions” in the organization [Blueprint for Free Speech, Norway: Overview]. In the United States, federal law (The Whistleblower Protection Act of 1989, Pub.L. 101-12 as amended) protects federal whistleblowers who work for the government and report agency misconduct, while the Occupational Safety and Health Act (OSH Act) of 1970, Section 11(c), protects employees from being discriminated against by employers for exercising their rights under the OSH.
Both companies and human rights defenders have a shared interest in an environment that respects the rights to freedom of expression, association and assembly, and is characterized by non-discrimination, transparent and accountable government, freedom from corruption, and respect for the rule of law.
The issue of human rights defenders and whistle-blowers relates to the following Sustainable Development Goals
International organization declaration/guidelines/information
- Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms [Referred to as: UN Declaration on Human Rights Defenders] , Adopted by General Assembly resolution 53/144 of 9 December 1998
- UN OHCHR, Human Rights Defenders: Protecting the Right to Defend Human Rights, Fact Sheet no 29
- EU, Ensuring Protection – European Union Guidelines on Human Rights Defenders
- UN Special Rapporteur on the situation of human rights defenders website
- UN Working Group on Business and Human Rights, Informal background note Human rights defenders and civic space – the business & human rights dimension, 2017
- UN Working Group on Business and Human Rights, Informal summary of workshop convened by the UN Working Group on Business and Human Rights (Geneva, 11 May 2017)
- ISHR, ICAR; Human Rights Defenders in National Action Plans (NAPs) on Business and Human Rights A Thematic Supplement to ‘National Action Plans on Business and Human Rights: A Toolkit for the Development, Implementation, and Review of State Commitments to Business and Human Rights Frameworks’; June 2016
- Charities Aid Foundation report: Beyond Integrity: Why it makes hard business sense to defend civil society, 17 October 2016
- Institute for Human Rights and Business et al, “Human Rights Defenders and Business: Searching for Common Ground” (Dec. 2015) and the associated website
- ISHR, A Human Rights Defender Toolkit For Promoting Business Respect For Human Rights, 2015
- Global Witness, “Defenders of the Earth: Global killings of land and environmental defenders in 2016”; July 2017
- BHRRC Portal
- UNGC, ISHR, BHRRC, Webinar: The Role of Business in Protecting Human Rights Defenders
- CIVICUS Report: State of Civil Society 2016
- CIVICUS Monitor: “People Power Under Attack”, April 2017
- Blueprint for Free Speech website; Whistleblower protection laws section available here
- Front Line Handbook for Human Rights Defenders. What Protection Can EU and Norwegian Diplomatic Missions Offer?, November 2007