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I. HUMAN RIGHTS DEFENDERS IN THE BUSINESS AND HUMAN RIGHTS CONTEXT 1. What is a human rights defender? The UN Declaration on Human Rights Defenders defines a human rights defender as any person or group of persons who works to promote and protect human rights in a peaceful way.12 This broad functional definition encompasses professional as well as non-­‐professional human rights workers, volunteers, social movements, journalists, lawyers, and any other individual carrying out, even on an occasional basis, a human rights activity. Essentially, “those who promote and defend human rights are ipso facto defenders, even if they are not members of an organisation.”13 Therefore, any individual or collective promoting or protecting any human right is a human rights defender.14 In the context of business and human rights, human rights defenders are often, but not always, members of communities who fear their rights are or might be abused in connection with a business project. Relatedly, throughout this guidance, reference is made to ‘potentially affected communities,’ in recognition that it is often the communities affected by business projects that identify and speak out against potential human rights risks and impacts; in doing so, these communities act as human rights defenders. Consulting and protecting the safe participation of potentially affected communities in business and human rights debates and decisions at the outset could tackle the root causes of human rights violations, including violations against defenders, and prevent them from occurring. 2. Risks faced by defenders working on issues of business and human rights The work of defenders in the field of business and human rights often involves speaking out against and challenging the perceived interests of those who hold great economic and political power. As a result, many human rights defenders face significant risks to their lives and livelihoods on a daily basis. They work under threats of abductions, surveillance, intimidation, stigmatisation, destruction of sources of livelihood, violence, enforced disappearance, and death as a result of their efforts to defend human rights in the face of harmful business activities.15 They are particularly vulnerable to criminalisation, with the legal system frequently being abused and manipulated to undermine the work of defenders questioning economic interests. Such misuse of the legal system includes use of pre-­‐trial detention, fraudulent or trumped up charges, the arbitrary application of vague laws, denial of due process, and excessively long probation periods.16 4