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TABLE 2: THE HUMAN RIGHTS DEFENDERS NATIONAL BASELINE ASSESSMENT (NBA) TEMPLATE 1. LEGAL AND POLICY FRAMEWORK States should assess the legal and policy protections provided to human rights defenders, and the degree to which this general landscape contributes to a safe and enabling environment for their work. 1.1 International standards and cooperation RATIFICATION AND NATIONAL LEVEL ENDORSEMENT • Has the State endorsed or ratified, and implemented (through national legislation where appropriate), relevant international instruments related to human rights defence or the right to defend human rights in the context of business, such as: o The UN Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms; o The nine core international human rights instruments and their optional protocols, in particular the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights; o The UN Declaration on the Rights of Indigenous Peoples; o International Labour Organization (ILO) Convention 169 concerning Indigenous and Tribal Peoples in Independent Countries, in particular its provisions on prior consultation; o ILO Declaration on Fundamental Principles and Rights at Work, in particular those provisions relating to freedom of association and the right to collective bargaining; o The UN Global Compact, in particular its provisions on freedom of association and the right to collective bargaining; o The Extractive Industries Transparency Initiative and its Civil Society Protocol; o The International Code of Conduct for Private Security Forces; o The International Finance Corporation (IFC) Performance Standards on Environmental and Social Sustainability. • Does the constitution recognise the supremacy of international human rights conventions? Most relevant to Sections 1.1, 1.2 and 1.4 of the full NBA Template. Status/Gaps: UN SPECIAL PROCEDURES • Is there a standing invitation to thematic UN Special Procedures, including the Special Rapporteur on human rights defenders and the Working Group on business and human rights? • Has the State generally responded to communications from the UN Special Procedures in a timely and substantive fashion? Most relevant to Sections 1.3 and 2.2 of the full NBA Template. Status/Gaps: 14