The Role of Civil Society and Human Rights Defenders in Corporate Accountability
Forthcoming in The Edward Elgar Research Handbook on Human Rights and Business, Surya Deva and David Birchall (eds.)
22 Pages Posted: 26 May 2020
Date Written: April 1, 2020
Abstract
This chapter reviews the role of civil society and human rights defenders in holding corporations to account. Civil society plays numerous roles in corporate accountability. It is civil society that is often first to take heed of a situation, first on the ground, and first to expose the issue to the wider public. The mobilization of civil society therefore often foreshadows shifts in both legal and business practices. Civil society uses a wide variety of tactics, from engagement in multistakeholder regulation and intracorporate consultancy and collaboration, to exposing wrongdoing and organizing protests. The chapter takes a broad understanding of the definition of civil society, allowing it to introduce a range of actors including, inter alia, benchmarking organizations, labour movements, public interest law groups and shareholder activists. Human rights defenders are viewed more narrowly to focus on those at the dangerous frontlines of human rights protection. Case studies of Pavel Sulyandziga in Russia and Berta Cáceres in Honduras are used to demonstrate the evident risks from both state and private sector actors. The chapter also discusses some of the tactics business uses to weaken civil society participation, and concludes with a discussion of the rationales and possibilities for more positive engagement by businesses in protecting the protectors of human rights.
Keywords: UN Guiding Principles on Business and Human Rights, civil society, human rights defenders, corporate accountability
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