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the obligations and responsibilities of State and business actors in relation to human rights defenders can facilitate a more robust and protective NAP. 3.1. The State obligation to protect human rights defenders Under international law, the State is the main duty bearer in regards to the protection of human rights. As such, the State is obliged to support, engage, and protect human rights defenders. This obligation is elucidated in both the Guiding Principles and the UN Declaration on Human Rights Defenders. The Guiding Principles reinforce the State duty to protect by articulating how existing international law should be applied in the realm of business and human rights. According to Principle 1, “States must protect against human rights abuse within their territory and/or jurisdiction by third parties, including business enterprises.”23 Given the increasing prevalence of private corporations involved in violations against human rights defenders, it is thus crucial that States use NAPs to adopt laws and policies that enforce their specific obligations to protect the rights of defenders. 24 In addressing these abuses, States should also be guided by the UN Declaration on Human Rights Defenders, which articulates how existing human rights law should be applied to protect the role of human rights defenders, and State duties in this respect.25 The Declaration does not establish special rights for defenders but rather acknowledges that the role defenders play, and the risks they face, require specific legislative and policy responses by States to ensure that they can work in an environment where their rights are protected.26 These rights include: • The right to be protected (including the right to life); • The right to freedom of assembly; • The right to freedom of association; • The right to access and communicate with international bodies; • The right to freedom of opinion and expression; • The right to protest; • The right to develop and discuss new human rights ideas; • The right to an effective remedy; • The right to access funding. In addition, according to the UN Special Rapporteur on Human Rights Defenders, there are nine main elements that States must provide for defenders to operate in a safe and enabling environment:27 6

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