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Under the UN Guiding Principles on Business and Human Rights, business enterprises have a responsibility to respect human rights and to identify, prevent and mitigate human rights risks to human rights defenders. The session also underlined the role that the legal community plays in addressing the use of SLAPPs and called on them to refrain from representing business enterprises in SLAPPs cases. Weak regulatory frameworks protecting human rights defenders, and the use of criminal laws such as defamation and other libel laws are increasing the risks of SLAPPs. In some cases, SLAPPs can provoke self-censorship and deter defenders from doing their legitimate work. The session on ‘ Increasing the protection of human rights defenders in the face of SLAPPs’, at the UN Forum highlighted that SLAPPs could take the form of civil or criminal lawsuits brought or initiated, by business actors that divert time, energy, and resources away from human rights defenders’ vital work and infringe upon a range of human rights, including the freedom of expression and assembly and association and involve psychological impacts. Those raising human rights concerns about mining, agriculture and livestock, logging and lumber, and palm oil sectors, have been particularly affected. Also, 63% of cases involved criminal charges. According to this research, which was presented in the session, the highest number of SLAPPs took place in Latin America (39%), followed by Asia and the Pacific (25%), Europe & Central Asia (18%), Africa (8.5%), and North America (9%). The urgency of doing so is confirmed through recent research by the Business & Human Rights Resource Centre, which showed that SLAPPs are a global problem the analysis identified 355 cases that bear the hallmarks of SLAPPs brought or initiated by business actors since 2015. SLAPPs were highlighted in the UNGPs 10+ Roadmap for the next Decade of Business and Human Rights as one of the key corporate practices most obviously inconsistent with commitments to respecting human rights, and which need to be tackled as a matter of priority. A joint session by the UN Working Group on Business and Human Rights, the UN Special Rapporteur on the situation of human rights defenders, and civil society organizations 1 highlighted that SLAPPs are a global problem, and immediate action by States and business actors is needed to stop the use of this judicial tactic against people who are bravely and legitimately speaking out against injustice in the context of business operations. This message did not just come through in the session on SLAPPs, but reverberated throughout the Forum. The use of strategic lawsuits against public participation (SLAPPs) was included in the agenda of the recent UN Forum on Business and Human Rights .
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The UN Working Group on Business and Human Rights, together with the UN Special Rapporteur on the situation of human rights defenders, and a group of civil society organizations are highlighting a key message from the 2021 UN Forum on Business and Human Rights: that States and business actors must take action to prevent the use of the judicial system to silence and intimidate defenders through strategic lawsuits against public participation.
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