Making a Killing Holding corporations to account for land and human rights violations Making a Killing: Holding corporations to account for land and human rights violations is published by Trócaire as part of its programme of Policy, Research and Advocacy Acknowledgements: A sincere thank you to all Trócaire partners and human rights defenders who shared their experiences, insights and analysis for this report. Trócaire would like to thank the external and internal reviewers for their valuable inputs on the paper. FRONT COVER: Women from San Pedro Ayampuc & San Jose del Golfo, La Puya, resisting the El Tambor gold mine. Photo: Daniele Volpe. Making a Killing: Holding corporations to account for land and human rights violations | 1 CONTENTS PAGE Foreword 03 Executive Summary 04 Chapters 1. Why a focus on corporate accountability? 07 2. Communities at the frontline 13 3. Corporations: the accountability challenge 29 4. The way forward: legislative and policy opportunities 35 5. Recommendations: action on accountability 45 2 | Making a Killing: Holding corporations to account for land and human rights violations LIST OF ACRONYMS CEDAW Convention on the Elimination of all Forms of Discrimination Against Women CESCR UN Committee on Economic and Social and Cultural Rights CETIM Europe-Third World Centre CFS Committee on World Food Security CIDSE Coopération Internationals Pour le Développement et la Solidarité CRC UN Committee on the Rights of the Child CSW Commission on the Status of Women ENNHRI European Network of National Human Rights Institutions FAO Food and Agriculture Organization of the UN FCCC Framework Convention on Climate Change HRC Human Rights Council HRDD Human Rights Due Diligence IACHR Inter-American Commission on Human Rights IBFAN-GIFA Geneva Infant Feeding Association ICCPR International Covenant on Civil and Political Rights ICESCR International Covenant on Economic, Social and Cultural Rights IEA International Energy Agency ILC International Land Coalition ILO International Labour Organisation IPCC The Intergovernmental Panel on Climate Change IPRA Indigenous Peoples’ Rights Act ISDS Investor-State Dispute Settlement NCP National Contact Point OECD Organisation for Economic Co-operation and Development OEIGWG Open-Ended Intergovernmental Working Group on Transnational Corporations and Other Business Enterprises with Respect to Human Rights OHCHR Office of the United Nations High Commissioner for Human Rights OPDHA Permanent Observatory for Human Rights in the Aguán RAI Committee on World Food Security Principles for Responsible Investment in Agriculture and Food Systems UN United Nations UNCTAD United Nations Conference on Trade and Development UNDP United Nations Development Programme UNDPI United Nations Department of Public Information UNDRIP United Nations Declaration on the Rights of Indigenous Peoples UNEP United Nations Environment Programme UNESC United Nations Economic and Social Council UNGA United Nations General Assembly UNSG United Nations Secretary-General VGGT The Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security Making a Killing: Holding corporations to account for land and human rights violations | 3 THE FOREWORD In the Polochic Valley region of Guatemala, nine-year-old María and her family live each day in fear of the bulldozers returning to demolish their homes. They are one of hundreds of families in this region The growing levels of violence stand in stark under threat from the growth of large industrial contrast to the lack of global accountability. It is now farms, set up to feed the growing global demand time to act. for palm oil and sugarcane. Having already lost their homes once, María’s family live an uncertain life, This report marks the start of a new Trócaire constantly at risk of losing everything all over again. campaign calling for a legally binding global treaty governing business and human rights. We believe Their story is far from unique. The corporate race this is urgently needed to protect the world’s for natural resources has put millions of people poorest people and ensure their rights are not around the world at risk of exploitation and abuse. discarded in the hunt for profits. We believe that Jobs and economic growth allow communities to lift Ireland, north and south, can play a positive role themselves out of poverty. However, the absence of by supporting calls for a legally binding UN treaty a comprehensive global legal framework on business to ensure economic activity is consistent with and human rights has allowed many businesses to upholding people’s human rights. exploit communities – stealing land, polluting rivers and inflicting brutal violence on those who question This report argues that devastating human rights them. violations will continue to occur with impunity unless we move beyond voluntary approaches and The legal human rights framework governing bring in a legally binding treaty on business and businesses has not kept pace with the modern human rights. economy. Today, we live in a globalised world, where business knows no border. Countries, particularly in the global south, compete for investment from companies often richer and more powerful than they are. The world’s top 10 corporations have a combined revenue equivalent to more than the 180 ‘poorest’ countries GDP. The global rush for natural resources and large scale land acquisition that has marked the past two decades, has impacted the world’s poorest people, who are at the front lines of the decisions made by political elites and large businesses. Impunity for human rights violations by a toxic nexus of political leaders and private corporations is not new, indeed, over 20 years ago Trócaire campaigned for the protection of the rights of the Ogoni people in Nigeria in the face of environmental and human rights abuses by Shell. However, violence against land, environment and indigneous defenders, who resist Caoimhe de Barra large corporations is on the rise. CEO,Trócaire 4 | Making a Killing: Holding corporations to account for land and human rights violations EXECUTIVE SUMMARY The 21st century economy is dominated by large transnational corporations. The 21st century economy is most dangerous for defenders.2 environment, loss of livelihoods dominated by large transnational Since 2015, more than 1,400 and deepening poverty. Fifteen corporations. These companies attacks on activists working on million people are forced to operate across borders and human rights issues related to leave their homes every year for are often wealthier and more business have been documented.3 large development and business powerful than the states In 2018, 321 human rights projects.7 Resource extraction competing to host them. Across defenders were murdered, 77 is a major contributor to climate the developing world, their use of per cent of whom were working change, which not only threatens natural resources can negatively on land, indigenous peoples and our ability to achieve sustainable impact communities. Despite environmental rights. 4 Judicial development but it also infringes this, there is no legally binding harassment and criminalisation upon a vast array of internationally instrument to regulate the actions are commonly used to silence and recognised human rights. Over of transnational corporations. suppress opposition to business 70% of total CO2 emissions are The global human rights legal developments. Those who are linked to just 100 major fossil fuel framework has not kept pace with trying to resist businesses are companies.8 the modern globalised economy. labelled as terrorists, criminals, and anti-development. Women The corporations involved in these The current framework is human rights defenders are actions are rarely held to account largely voluntary in nature. targeted through threats of sexual and often victims are left without This means it is ineffective at violence and smear campaigns. access to remedy. Corporations preventing abuses of human wield major economic and political rights by corporations. The vast Land acquisition and power, often aligning with the majority of these violations go displacement interests of states or powerful unpunished. The size, influence political decision-makers, resulting and complexity of corporations These defenders are trying to in a lack of regulation in order pose major challenges for states protect their communities from to keep and attract investment. to hold them to account. Impunity the impacts of large scale land Victims can find it difficult to regarding human rights abuses by acquisition, which has dramatically access remedy in the host state companies is increasing.1 increased since the early 2000s. (where the violation occurred) Over 49 million hectares of and in the corporation’s home Attacks on human rights communal or smallholder land state. This includes the difficulty defenders has been acquired for commercial of holding a parent company use by transnational entities since accountable for actions of a Communities seeking to protect 2000 – approximately seven times subsidiary and legal obstacles their human rights from the the size of Ireland.5 Investors from used to defeat extraterritorial actions of corporations face high-income European countries claims. Corporations avoid liability growing levels of violence account for almost one third of when their subsidiaries are and intimidation. States and such deals, which are primarily involved in human rights abuses.