Recommendations for States

• Legislate the right to promote, defend, and protect human rights and those who exercise this right, affirming the essential role of defenders in promoting open civic space, sustainable development, and a healthy environment. This must include legal recognition of the specific rights of Indigenous and Afro-descendant peoples (more detailed recommendations available here).
• Ensure a safe, respectful and enabling environment for civil society by repealing any legislation and practices that criminalise defenders, hinder receipt of financial resources, or unduly restrict the freedoms of expression, assembly, or association.
• Take all necessary measures to ensure the comprehensive protection of defenders and their communities and enable them to continue their work or activities, whether individually or collectively.
• Fully implement the Paris Agreement and accede to - or where ratified implement - key international and regional standards protecting civic freedoms and the rights of defenders, including meaningful public participation in climate and environmental decision-making. This should be an integral part of climate mitigation and adaptation plans and Just Energy Transition plans.
• Take all necessary measures to ensure that non-State actors do not violate human rights, including the rights of defenders. This includes adopting national responsible business legislation implementing the UN Guiding Principles on Business and Human Rights and consulting with defenders at all stages of this process. Such laws should require business actors to engage in ongoing safe and effective consultation with defenders and other rightsholders potentially or directly affected and should be aligned with the UN working group’s guidance on defenders (more detailed recommendations available here).
• Systematically collect and report data on non-lethal and lethal attacks to inform more effective protection mechanisms and adopt anti-SLAPP legislation to prevent companies silencing defenders (more detailed recommendations available here).
• Ensure effective remedy for any rights violations, including by strengthening legal and judicial systems to end impunity, hold businesses accountable for acts of retaliation against defenders, and actively investigate and prosecute those responsible for attacks.
• Engage actively and constructively in negotiations for the adoption of a binding UN treaty on business and human rights and ensure it explicitly recognises the risks faced by defenders and their right to defend human rights.

Recommendations for companies

• Adopt and implement public company-wide policy commitments that recognise the valuable role of defenders ensure effective engagement and consultation with defenders at all stages of the due diligence process and commit to zero-tolerance for reprisals throughout the company’s operations, supply chains and business relationships.
• Translate policy into practice through clear implementation guidance and action plans, in line with the UN Working Group on Business and Human Rights’ guidance on defenders, and civil society advice on appropriate indicators to monitor progress.
• Conduct and report on the results of human rights and environmental due diligence that integrates and addresses risks to defenders, recognising the specific and intersecting risks faced by defenders who are the most marginalised on the basis of gender, race, ethnicity, ability and other identities.
• Acknowledge and address the heightened and disproportionate risks faced by Indigenous defenders and create and implement public commitments to respect Indigenous Peoples’ rights, grounded in their rights to self-determination (lands, territories and resources), and right to FPIC, including their right to define the process by which FPIC is achieved and to withhold consent (more detailed recommendations available here).
• Publicly commit to remedying adverse impacts on defenders it has caused or contributed to and to work with suppliers to remedy adverse impacts directly linked to its operations, products and services. This includes establishing and adequately resourcing safe, effective and accessible UNGP-aligned grievance and accountability mechanisms that include protections for HRDs and whistle-blowers, handle third party complaints and provide robust follow-up to address and provide redress. Ensure effective access to remedy for women and gender-diverse defenders, in line with the UN Working Group’s gender guidance.
• Publicly affirm that defenders have a right to defend human rights and are essential partners in due diligence and allies in enabling businesses to adhere to their responsibilities under the UNGPs.
• Refrain from any lobbying, political spending and any other direct or indirect forms of influencing that restricts civic space or weakens laws to hold companies accountable for human rights abuses and environmental harm.

Recommendations for investors

• Publish a human rights policy which recognises the critical role of defenders in identifying business-related human rights risks and commits to a zero-tolerance approach to attacks against them. Clearly communicate the expectations included in this policy to portfolio companies, including that companies:
  • disclose human rights and environment-related risks;
  • adopt their own zero tolerance policies and processes, and respect the rights of defenders, in line with the recommendations outlined above engage in ongoing stakeholder engagement and consultation with rightsholders and defenders;
  • respect Indigenous Peoples’ rights (including land rights and FPIC) and acknowledge and address the heightened and disproportionate risks faced by Indigenous defenders;
  • ensure effective access to remedy when harm occurs.
• Undertake human rights and environmental due diligence that integrates risks to defenders, and a gender perspective throughout prior to investing and review potential investees for any past involvement with retaliation or any form of action or influence that restricts civic freedoms. This includes consulting with rightsholders and not relying on company self-disclosure as to whether defenders’ rights were respected, including Indigenous Peoples’ right to FPIC.
• Avoid investing in companies with a history of human rights and environmental harms and retaliation against defenders, including SLAPPs.
• Use leverage with investee companies which cause, contribute to or are directly linked to human rights and environmental harms, including attacks on defenders, so the company mitigates negative impacts and provides access to remedy to those affected.