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NAPs should elucidate how the State will sanction companies that actively undermine the work of human rights defenders. Examples of business actively undermining the work of human rights defenders include: • In January 2016, human rights defender Nasako Besingi was convicted on charges of conducting unlawful assemblies and inciting protests in Cameroon, based on allegations made against him by the U.S. agribusiness company Herakles Farms following a demonstration he organised against the company’s work in protected territories.31 Besingi had previously been convicted on defamation charges also based on allegations by Herakles Farms that an article published by the defender, which alleged he was victim to a violent attack by Herakles employees, caused injury to the company.32 • In the 1990’s, mining company Freeport-­‐McMoRan pushed the United States Agency for International Development to cut funding to WALHI, an Indonesian environmental group that had previously criticised the negative social and environmental impact of the company’s projects.33 In addition to the responsibility to respect human rights and human rights defenders, corporations should also be incentivised to uphold these responsibilities as a matter of good business practice for a number of reasons. For example, human rights defenders can assist companies in navigating human rights laws and establishing risk management procedures, setting the foundation for an operation’s long-­‐term security and effectiveness. Engaging with defenders helps businesses prevent and mitigate negative human rights impacts, build relationships with local stakeholders, and design effective grievance mechanisms, proactive mitigation strategies, and remediation processes. This approach can also reduce costs and operational obstacles by minimising the risk of community conflict, which often results in interrupted production, security costs, human resources lost to crisis management, and litigation. Financial markets and consumers tend to reward businesses and brands that proactively and effectively manage social, environmental, and governance risks. Examples of business supporting the work of human rights defenders include: • In 2014, senior executives of six global clothing brands published a joint letter to the Cambodian government expressing concern over the killing and wounding of striking garment workers and bystanders by security forces. The letter called for the Government to launch a thorough investigation, sanction those officials found to have used disproportionate and excessive force, and to take measures to prevent the repetition of such acts.34 • In 2015, Leber Jeweler, Inc. and Tiffany & Co. released statements calling on the Angolan government to drop charges against Rafael Marques, a journalist on trial for defamation after he exposed abuses in the diamond industry.35 Constructive business engagement with human rights defenders should be encouraged by the NAP at all stages of business operations, across all jurisdictions, and in all aspects of implementation of the Guiding Principles. 8