17

III. PROTECTING AND SUPPORTING HUMAN RIGHTS DEFENDERS IN NAP CONTENT In undertaking an NBA47 and utilising it as a tool to create a NAP, the State should analyse and evaluate specific measures to guarantee both State protection and business respect for the rights of defenders working on business and human rights, as well as access to effective remedy when these rights have been violated. In this context, State commitments to human rights defenders must be holistic and universal, looking at the full range of ways in which defenders at home and abroad are affected by business activities and operations. In this respect, the Guiding Principles, the UN Declaration on Human Rights Defenders, and other relevant international standards and initiatives should guide States. Similarly, a gender perspective should always be included within State commitments to human rights defenders. The ‘Human Rights Defenders National Baseline Assessment (NBA) Template’ highlights key areas of concern regarding defenders working on business and human rights, drawing out issues likely to be of particular salience. It can be used to determine how human rights defenders and their protection needs are considered as part of a State’s legal and policy framework on business and human rights and within the wider national, regional, and international contexts. It is designed for use together with the full NBA Template found in Annex 4 of the ICAR-­‐DIHR NAPs Toolkit. The following template contains the minimum scoping questions in relation to the protection and support of human rights defenders that States should consider in creating a NBA. However, States should consult local defenders at the outset of the NBA, as well as throughout its drafting process, as outlined in Section II, in order to adapt and enhance the template according to specific national contexts. Overview of the Human Rights Defenders NBA Template 1. LEGAL AND POLICY FRAMEWORK • This section gathers information on the legislative framework and domestic and foreign policy initiatives in place to guarantee the State provides a safe and enabling environment for human rights defenders. 2. EXPECTATIONS, INCENTIVES, AND SANCTIONS ON BUSINESS • This section gathers information on State policies, expectations, and incentives to ensure that businesses, both at home and abroad, do not interfere with, but rather contribute to, a safe and enabling environment for human rights defenders. • This section gathers information regarding what institutions and avenues exist to ensure access to remedy for defenders when their rights are violated. • This section gathers information on the domestic context through local, regional, and international sources. 3. REDRESS AND REMEDY 4. CONTEXT 13