There is a crisis of impunity for corporate human rights abuses and it is getting worse. In our work with the Business & Human Rights Resource Centre, we track the latest legal developments in holding companies accountable for human rights abuses, to share knowledge among lawyers and ultimately strengthen accountability. For years, we have highlighted increasing barriers for victims to obtain justice. As companies are rarely brought to account, there have been few reasons for optimism.
So bad is the crisis of impunity that we have had to dedicate a significant portion of space in our latest Annual Briefing to the threats directed at advocates and lawyers working on corporate accountability. In 2016, we even saw Pavel Sulyandziga, a well-known indigenous leader in Russia and member of the UN Working Group on Business and Human Rights, speak out about the harassment he and his family are facing because of his work supporting local communities to retain control of their land from extractives companies.
The Law as a Weapon
Human rights defenders working on corporate accountability have faced killings, beatings and threats and are rarely, if ever, able to obtain justice. Moreover, the law is often used as a weapon. In the last two years, the Business & Human Rights Resource Centre has tracked over 450 cases of attacks against human rights defenders working on corporate accountability. The most common is judicial harassment (40% of cases).
In February 2016, six activists opposing the use of villagers’ land for Socfin plantations were jailed after a Sierra Leone court found them guilty of destroying 40 palm oil plants. The activists say they are innocent and see the trial as a “tactic to get us into prison so that we cannot raise our voice on the unacceptable land deals in Malen Chiefdom.”
These types of legal harassment are often not intended to be successful claims, but rather are designed to silence human rights defenders by tying them up in costly litigation processes. In France,…