Legally Binding Instrument on Business and Human Rights must prioritize victims, communities, and human rights defenders
Ahead of negotiations for the Legally Binding Instrument on Business and Human Rights, the Asian Forum for Human Rights and Development (FORUM-ASIA) alongside the undersigned organizations urge states to ensure that the said treaty serves to protect human rights for all, particularly the vulnerable and marginalized.
The Legally Binding Instrument (LBI) represents a historic opportunity to establish binding international legal frameworks. We reiterate the need to strengthen its language to prioritize both people and the planet over corporate interests...
Likewise, the LBI shall hold states and business enterprises accountable for abuses and violations...
The LBI must prioritize the rights and protection of victims and affected communities as its primary objective.
Article 4 of the LBI—which outlines the rights of victims—must remain distinct from other provisions. The corresponding duties of states and corporations, under Article 5 (Protection of victims) and 6 (Prevention), must respect and protect the rights of victims as well.
The LBI’s updated draft currently fails to adequately include affected persons, communities, and human rights defenders within Article 4 or under the definition of “victims” in Article 1.1...
The recognition of defenders in Article 5.2 of the updated draft is a positive step. We strongly support its retention, particularly the explicit commitment to protect environmental defenders and all human rights defenders from reprisals and harassment. However, this provision must outline specific measures that states are obligated to take. This includes protection from criminalization, judicial harassment, and strategic lawsuits against public participation (SLAPPs), which are routinely weaponized to silence defenders through burdensome and retaliatory litigation...
In addition, the LBI must explicitly guarantee the right to genuine, safe, and meaningful consultation with affected communities, Indigenous Peoples, women, and defenders prior to, during, and after the commencement of any business activity that could affect their rights, livelihoods, and environment...