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Elements of a safe and enabling environment for human rights defenders 2014, para. 133c
- Paragraph text
- [Non-State actors should:] Familiarize themselves with the Guiding Principles on Business and Human Rights, and with human rights impact assessment of business operations;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- N.A.
- Year
- 2014
Paragraph
Environmental human rights defenders 2016, para. 18
- Paragraph text
- While States are bound by international human rights law, non-State actors are required to respect human rights, including the right to defend environmental and land rights. Transnational corporations and other business enterprises must respect human rights, as set out in the Guiding Principles on Business and Human Rights. The Guiding Principles aim to implement the United Nations "Protect, Respect and Remedy" Framework, which rests on three pillars: the State duty to protect against human rights abuses by third parties, including businesses; the corporate responsibility to respect human rights; and the need for access to an effective remedy for victims of business-related human rights abuses (see A/HRC/17/31, para. 6).
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Environmental human rights defenders 2016, para. 19
- Paragraph text
- Furthermore, the Guiding Principles require that companies identify and assess any actual or potential adverse human rights impacts through meaningful consultation with potentially affected groups, as an integral part of their responsibility to respect human rights. Such impact assessments should be carried out not only at the start of a new project, but also throughout the life cycle of the project, prior to any significant changes in the operating context (see A/68/262, para. 44).
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Environmental human rights defenders 2016, para. 47
- Paragraph text
- The intensified competition for natural resources in recent decades has led to multiple social and environmental conflicts all over the world. The recent crisis has exposed the vulnerability of the countries of the global South, which have prioritized resource-based development models to raise their national income. Much of the demand for the resources in those countries comes from countries in the global North. In a globalized world, the quest for economic growth has resulted in a neo-colonial environment that exacerbates conflicts between communities and business actors. What underlie these conflicts are profoundly different approaches to development.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Environmental human rights defenders 2016, para. 49
- Paragraph text
- Corruption and impunity also underlie the growing number of conflicts around natural exploitation and large-scale development projects, owing partly to the fact that the majority of such projects require vast financial investments, which can fall prey to corruption. This situation is particularly patent in States with poor and non transparent governance processes, which lead to collusion at the expense of the public good. In many land-grabbing situations, businesses, authorities, local suppliers and sometimes organized crime benefit from loopholes in the laws regulating these practices.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Environmental human rights defenders 2016, para. 77
- Paragraph text
- In some cases, banks and financial institutions have provided funds, services and technical support for companies to rectify and prevent human rights violations, such as the improper acquisition of land. The Special Rapporteur welcomes the growing commitment of financial institutions to principles such as responsible financing, lending and investment. The use of environmental, social and governance criteria for risk assessment and the evaluation of the performance of investments can strengthen the accountability of corporations.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Environmental human rights defenders 2016, para. 99b
- Paragraph text
- [Regional intergovernmental organizations should:] Encourage more States to accede to the Aarhus Convention, in the absence of other multilateral and regional agreements at this stage;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Environmental human rights defenders 2016, para. 105a
- Paragraph text
- [Business enterprises should:] Adopt and implement relevant international and regional human rights standards, including the Guiding Principles for Business and Human Rights and the Voluntary Principles on Security and Human Rights;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Large-scale development project and human rights defenders 2013, para. 32
- Paragraph text
- Transnational corporations and other business enterprises are required to respect human rights, as set out in the Guiding Principles on Business and Human Rights (A/HRC/17/31, annex), which were endorsed by the Human Rights Council in its resolution 17/4. The Guiding Principles aim to implement the United Nations "Protect, Respect and Remedy" Framework, which rests on three pillars: the State duty to protect against human rights abuses by third parties, including businesses; the corporate responsibility to respect human rights; and the need for access to effective remedy for victims of business-related human rights abuses (see A/HRC/17/31, para. 6).
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Large-scale development project and human rights defenders 2013, para. 33
- Paragraph text
- The human rights-based approach to development policy and programming is based on the normative framework of international human rights standards and seeks to analyse inequalities that lie at the heart of the development process. It aims to redress discriminatory practices and the unfair distribution of power, which hamper sustainable human development.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Large-scale development project and human rights defenders 2013, para. 44
- Paragraph text
- In this context, the Special Rapporteur notes that the Guiding Principles on Business and Human Rights require that companies identify and assess any actual or potential adverse human rights impacts through meaningful consultation with potentially affected groups, as an integral part of their responsibility to respect human rights. Such impact assessments should be carried out not only at the start of a new project or business relationship, but also periodically throughout the life cycle of the project, prior to any planned significant changes or if there is a significant shift in the operating context (for example, in the event of rising social tensions) (see Guiding Principle No. 18).
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Large-scale development project and human rights defenders 2013, para. 63
- Paragraph text
- With regard to private enterprises, the Guiding Principles on Business and Human Rights provide that in order to account for how they address their human rights impacts, companies should be prepared to communicate this externally, particularly when concerns are raised by or on behalf of stakeholders. Such communications should be of a form and frequency that reflect the impacts and is accessible to the intended audience and should provide sufficient information to evaluate the adequacy of the company's response to the particular impact involved (see Guiding Principle No. 21).
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Large-scale development project and human rights defenders 2013, para. 64
- Paragraph text
- When there is information about the project that needs to be kept confidential, the decision not to disclose such information should be based on established criteria spelled out in the project concept or, in the case of a Government, in law. The Special Rapporteur finds the principle of maximum disclosure to correspond most closely with international standards and that that principle should apply to any access-to-information regime, including in connection to large-scale development projects that could have an impact on matters of public interest. Exceptions to this principle should be applied only when disclosing information would harm the interests of the State, as provided for in legislation compliant with international human rights law (A/67/292, paras. 51-55, and Human Rights Council resolution 22/6, para. 11 (e)).
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Large-scale development project and human rights defenders 2013, para. 84a
- Paragraph text
- Donors and investors should:] Fully integrate a human rights-based approach in their policies for allocating funds to projects, especially large-scale development projects;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Activists
- N.A.
- Year
- 2013
Paragraph
Large-scale development project and human rights defenders 2013, para. 84e
- Paragraph text
- Donors and investors should:] If they are private and institutional donors and investors, have accountability mechanisms in place for those adversely affected by projects or who feel their rights have been violated as a result of a project, and ensure that such mechanisms respect standards for confidentiality, have an early warning system in case of threats or other violations against those who have filed or are considering filing a petition, with proper risk assessment and protection measures available;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Large-scale development project and human rights defenders 2013, para. 84h
- Paragraph text
- Donors and investors should:] Coordinate with other donors through relevant forums to ensure the implementation of human rights-based approaches;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Activists
- N.A.
- Year
- 2013
Paragraph
On the Declaration on human rights defenders 2011, para. 72
- Paragraph text
- Governments also place restrictions on how funds can be used and make use of tax laws and regulations to unduly hinder the work of human rights organizations. In particular, non-governmental organizations that are critical of their Governments often face extensive tax scrutiny and abusive use of fiscal procedures by the relevant authorities.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
On the Declaration on human rights defenders 2011, para. 122
- Paragraph text
- States must allow non-governmental organizations to engage in all legally acceptable fund-raising activities under the same regulations that apply to other non profit organizations in general.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
On the Declaration on human rights defenders 2011, para. 123
- Paragraph text
- States should prohibit extensive tax scrutiny and abusive use of fiscal procedures by the relevant authorities.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Role of national human rights institutions in the promotion and protection of human rights and as protectors of human rights defenders 2013, para. 49
- Paragraph text
- For example, the position of Commissioner of the national institution in Canada is widely advertised when vacant, and anyone can apply. In Uruguay, the law establishes that the members of the national institution can be nominated by NGOs, which is also widely the case in practice. In New Zealand, the criteria for appointment of Commissioners are clearly established in the regulatory framework and groups and individuals can nominate candidates. In South Africa, an ad-hoc Parliamentary Committee is set up to interview potential Commissioners following a nationwide public announcement of the vacancies. Interviews take place in public and civil society organizations are allowed to attend.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Role of national human rights institutions in the promotion and protection of human rights and as protectors of human rights defenders 2013, para. 119c
- Paragraph text
- [To Member States:] Appropriate follow-up mechanisms to recommendations issued by national institutions should be established. In this connection, it is advisable that annual reports of national institutions be presented and discussed in Parliament and that adequate follow-up be entrusted to the corresponding parliamentary committees and that an interministerial task force be appointed to mainstream their recommendations and monitor their implementation;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Role of national human rights institutions in the promotion and protection of human rights and as protectors of human rights defenders 2013, para. 120e
- Paragraph text
- [To national human rights institutions:] Should coordinate actions with other existing national institutions whose mandates are related to human rights, including thematic commissions or institutions at the constituent unit level in federal States, in order to create synergies and avoid unnecessary duplication;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Activists
- N.A.
- Year
- 2013
Paragraph
Security and protection of human rights defenders 2010, para. 94
- Paragraph text
- The 42nd ministerial meeting of the Association of Southeast Asian Nations (ASEAN) on 20 July 2009 adopted the terms of reference for the ASEAN Intergovernmental Commission on Human Rights. The Commission was formally established in October 2009 at the fifteenth ASEAN summit in Phuket, Thailand. A political declaration, laying down guidelines on how to further strengthen the mandate and functions of the Commission, will be drafted by a high-level panel.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 29
- Paragraph text
- The right to freedom of expression and the right to seek, receive and impart information are contained in article 19 of the Universal Declaration of Human Rights. This right is also enshrined in article 19 of the International Covenant on Civil and Political Rights as well as in several regional conventions and charters.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 70
- Paragraph text
- While the principle of necessity aims to assess whether the objective of a law is necessary, the principle of proportionality looks at the degree to which the repercussions of the law are proportionate to its objective. In this way, it endeavours to balance individual rights and the interests of the general public. Regional human rights mechanisms have developed interesting models to assess proportionality, such as the "margin of appreciation" applied by the European Court of Human Rights and "the just exigencies of a democratic society" in the case of the Inter-American Court of Human Rights.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Violations committed against defenders by non-State actors 2010, para. 23
- Paragraph text
- In relation to private national or transnational corporations, the Special Rapporteur refers to the responsibility of companies to respect human rights, as emphasized by the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises, Mr. John Ruggie, in his report to the Human Rights Council (A/HRC/8/5), submitted in 2008. The Human Rights Council endorsed the Special Representative's policy framework for business and human rights, as elaborated in his report. The framework rests on the three principles of "protect, respect and remedy": the State duty to protect against human rights abuses by third parties, including businesses; the corporate responsibility to respect human rights; and the need for more effective access to remedies. The Human Rights Council later emphasized that transnational corporations and other business enterprises have a responsibility to respect human rights (see Human Rights Council resolution 8/7). Consequently, business enterprises also have a responsibility to respect the rights of human rights defenders.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Violations committed against defenders by non-State actors 2010, para. 24
- Paragraph text
- The corporate responsibility to respect human rights (see A/HRC/14/27, paras. 54-78) is recognized in soft-law instruments such as the Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy and the Organization for Economic Cooperation and Development Guidelines for Multinational Enterprises, and it constitutes one of the commitments that companies undertake when joining the United Nations Global Compact. The corporate responsibility to respect notably applies to the rights enshrined in the International Bill of Human Rights. Therefore, the rights enshrined in the Declaration on human rights defenders, such as the right to security and liberty, freedom of association and freedom of opinion and expression, including access to information, must be respected by companies, whether national or transnational. Examples of alleged violations of those rights by companies are provided above.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Work in progress, challenges and the way forward 2017, para. 4
- Paragraph text
- The Special Rapporteur also believes that efforts and resources must be directed at ensuring that States respect the commitments that they have made. In recent decades, many standards of human rights protection have been adopted at the international level. The Special Rapporteur has observed that these standards, for the most part, are not implemented on the ground and that, when they are, they are too often applied haphazardly. In time, if these standards remain ineffective, we risk seeing entire populations lose hope and turn away from the struggle for human rights. As a matter of urgency, these standards must therefore become a reality on the ground.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Work in progress, challenges and the way forward 2017, para. 36
- Paragraph text
- According to a regional breakdown of the statistics for communications sent between 1 December 2014 and 30 November 2016, the largest number of communications concerned the Asia-Pacific region (222 communications, or around 32 per cent of all those sent under the mandate). In addition, 131 communications (around 19 per cent of all communications) concerned the Americas and 128 communications (around 19 per cent) concerned the Middle East and North Africa. Communications concerning the regions of Europe and Central Asia and those concerning African countries accounted for 14 and 15 per cent of communications respectively (99 cases involved Europe and Central Asia and 109 involved Africa).
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
29 shown of 29 entities