For human rights defenders to be able to safely work on business and human rights issues, both States and businesses must contribute to a safe and enabling environment for such work, whilst desisting from and sanctioning any actions that might restrict or threaten that environment. NAPs provide an important vehicle for the articulation and coordination of the law, policies, and actions required to foster and protect such an environment.
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The Guiding Principles reinforce the State duty to protect by articulating how existing
international law should be applied in the realm of business and human rights. According to Principle 1, “States must protect against human rights abuse within their territory and
/or jurisdiction by third parties, including business enterprises. Given the increasing
prevalence of private corporations involved in violations against human rights defenders, it is thus crucial that States use NAPs to adopt laws and policies that enforce their specific
obligations to protect the rights of defenders
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The Declaration does not establish special rights for defenders but rather acknowledges that the roledefenders play, and the risks they face, require specific legislative and policy responses byStates to ensure that they can work in an environment where their rights are protected.
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