9

The following examples help to elucidate some of the grave risks defenders working on business and human rights face: • Threats: Máxima Acuña de Chaupe, leader of a social movement opposed to a mining project in Peru, allegedly received death threats from an employee of the mining company, Yanacocha, and was intimidated by approximately thirty members of the police at her home.17 • Criminalisation: Human rights defender Andy Hall was allegedly indicted on false accusations of criminal defamation lodged by the Thai pineapple processing company, Natural Fruit Company, following his contribution to a report concerning labour rights violations.18 • Attacks: In Thailand, several defenders of land rights and rights related to the environment and business were allegedly threatened, including Suwit Jeh-­‐Soh, a community activist who was attacked by unknown armed individuals with multiple rounds of gunfire.19 • Murders: Indra Pelani, a defender who advocates for the rights of tenant farmers against the corporate takeover of their lands, was allegedly beaten, abducted, and murdered by private security guards hired by a subsidiary pulpwood supplier of Asia Pulp and Paper at a security checkpoint in Indonesia.20 This trend of attacks and acts of intimidation is increasing.21 Defenders working on business and human rights face accentuated risks, in part because of the broad range of actors who might benefit from critics being silenced. These actors include State authorities and security forces, corporate bodies and business officials, private security firms, hired assassins, organised criminal groups, paramilitaries, and even members of defenders’ own communities. Therefore, the laws, policies, and actions articulated through a NAP should consider all relevant actors, whilst preventing and ensuring accountability for abuses against defenders.22 Women human rights defenders, indigenous activists, defenders living in conflict zones, and defenders of land rights and rights related to the environment are particularly vulnerable to gender and identity-­‐specific forms of persecution and violence, rooted in existing discrimination. Many of these defenders are organised in communities or grassroots movements and thus require collective protection measures. NAPs should take into account the specific protection needs of these and other marginalised groups and acknowledge the complexities of the threats facing defenders, ensuring protection at the community and the family level. They should also emphasise measures to guarantee the consultation of these groups who have traditionally been excluded from decision-­‐making processes that affect their lives and livelihoods. 3. Protecting and respecting human rights defenders, at home and abroad For human rights defenders to be able to safely work on business and human rights issues, both States and businesses must contribute to a safe and enabling environment for such work, whilst desisting from and sanctioning any actions that might restrict or threaten that environment. NAPs provide an important vehicle for the articulation and coordination of the law, policies, and actions required to foster and protect such an environment. Knowledge of 5

10 Publizr Home


You need flash player to view this online publication