23

PROTECTION AGAINST INTIMIDATION AND REPRISALS IN RELATION TO HUMAN RIGHTS MECHANISMS • Are there laws or policies to protect against, prohibit, and ensure accountability for reprisals against a person or group in association with their engagement with international, regional, or national human rights mechanisms? • Most relevant to Sections 1.6, 3.1, 3.2, 27.3 and 28.1 of the full NBA Template. Status/Gaps: 1.5 Extraterritorial responsibilities of the State in regards to the recognition and protection of human rights defenders FOREIGN POLICY AND GUIDELINES ON HUMAN RIGHTS DEFENDERS • Do guidelines for the recognition, support, and protection of human rights defenders exist as part of the State’s foreign policy?48 If so, are they implemented through diplomatic missions? • Are there policies and guidelines in place to encourage and support the consolidation of a safe and enabling legal environment for promoting and protecting human rights in host States, including through specific protection laws and the repeal of laws restricting the work of human rights defenders? • Are defenders involved in defining and reviewing foreign affairs policies, guidelines, funding, and other actions regarding host State legislation? Most relevant to Sections 1.5, 7.1 and 8.1 of the full NBA Template. Status/Gaps: DIPLOMATIC ACTIONS AND ADVOCACY • Do diplomatic missions abroad implement specific measures to support human rights defenders working on issues related to their business operations? These measures could include: public statements of recognition; quiet diplomacy on behalf of the defenders concerned; speaking out against attacks on defenders; visiting defenders in their seat or receiving them in the Embassy; observing trials against human rights defenders; providing on-­‐going or emergency funds to defenders and his/her organisation; facilitating dialogue between human rights defenders, business, and/or the host State. • Do ministerial staff and diplomatic missions abroad advocate for laws and policies protecting defenders and guaranteeing communities free, prior, and informed consent in host States in which its businesses are operating? • Are embassy personnel trained and instructed in proactively soliciting and receiving reports from human rights defenders about human rights violations related to the activities of businesses, and in supporting defenders? Most relevant to Sections 1.5, 7.1 and 8.1 of the full NBA Template. Status/Gaps: POLICY COHERENCE • Does the State engage with the host State to ensure that businesses are respecting the rights of human rights defenders? • Does the State ensure that divisions between its economic and political sectors do not limit the effective response of ministries and embassies in protecting civic space and human rights defenders? Most relevant to Sections 1.5, 7.1 and 8.1 of the full NBA Template. Status/Gaps: 19