The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 22
Paragraph- Paragraph text
- Although States often refer to the permissible limitations embedded in the provisions and instruments cited above, the Special Rapporteur reiterates that the rights to freedom of peaceful assembly and of association should be viewed as the rule and the limitations as the exception (see A/HRC/20/27, para. 16). States may only limit the rights in strictly defined circumstances necessitated by narrowly defined "legitimate reasons". Such restrictions must be prescribed by law and are necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others. They must also be proportionate to the pursuance of legitimate aims. Thus, a blanket prohibition of protests outside business premises or surrounding the operations of mining, resource and forestry companies would be unjustifiable under the International Covenant on Civil and Political Rights. Similarly, broad definitions of "vital installations" or "national interests" that encompass business premises engaged in natural resource exploitation, with a view to shielding them from peaceful assemblies, would not meet international human rights law standards.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Paragraph type
- Other
- Reference
- SR Freedom of Assembly, Report to the HRC (2015), A/HRC/29/25, para. 22.
- Paragraph number
- 22
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